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Government of Michigan, . 



ITS HISTORY AND JURISPRUDENCE. 



ALSO, A BRIEF OUTLINE OF THE 



yernmeiil of the United States. 



By CHARLES R. BROWN 

II 




Second Edition, Revised and Corrected 

IB ^ST THE AUTHOR. 



PUBLISHED BY MOORE & QUALE* 
Kalamazoo, Michigan. 

1874 



.Us a 



Entered according to Act of Congress, in the year 1874, by 
CHARLES R. BROWX, 
in the Office of the Librarian of Congress, at Washington. . 

Ene-.-.^nge 
"Western Ont. Univ. Library 

APR 1 7 1940 



TABLE OF CONTENTS. 



GOVERNMENT OF MICHIGAN. 

CHAPTER. PAGE. 

1. History of Michigan. Origin of the Name — Explorations 

and Labors of the French Jesuits, 9 

2. French Missionaries and Traders — Establishment of Military 

and Trading Posts — Surrender of the Territory to the Eng- 
lish— The Pontiac War, 11 

3. Indian Hostilities — Michigan and the Northwestern Terri- 

tory— War of 1812, ....-.., 13 

4. Michigan as a Territory — The University — Treaties with 

the Indians — Governor and Judges — Legislative Council, 15 

5. The Toledo War — Settlement of the Difficulty by Congress, 17 

6. Michigan as a State — Banking — Internal improvements, 18 

7. Extent of Territory — Resources of the State, . . 22 

8. Governors of Michigan, . . . . . - .23 
P. Michigan During the Rebellion, ... 24 

10. Origin of the Names of Counties — Dates of their Organiza- 

tion, 25 

11. Of the Survey of the Public Lands — Subdivisions of Town- 

ships and Sections, 32 

12. Of the Organization of Government, and the Exercise of 

Sovereignty, 36 

13. Of Laws and their Necessity — Rights and Duties, . . 87 

14. Of the Different Forms of Government — Constitutions, and 

the Purpose they Serve, 38 

15. Government of Michigan — Division of the Powers of Gov- 

ernment, . 10 

10. Election of State, County, and Township Officers, - .41 
IT. Qualifications of Electors — Naturalization of Foreigners, 42 

18. Elections, how Conducted — Challenge of Persons Offering 

to Vote, 46 

19. Of Elections (continued) — Canvass of Votes and Return of 

Statements, , 47 

20. Of Elections (continued) — Proceedings in Case of a Tie 

Vote — Canvassers — Constitutional Amendments, . 48 



IV TABLE OF CONTEXTS. 

CHAPTER. TAGE 

21 How the President and Vice-President of the United States 

are Elected, 50 

22. Of the Legislative Department — Its Powers and Duties, . 51 

23. Of the Enactment of Laws — Election of United States 

Senators, .53 

24. Executive Department — Duties of the Governor and other 

Officers, 56 

25. Of State Officers and their Duties (continued) — Auditor- 

General — State Treasurer — Commissioner of the Land 
Office — Superintendent of Public Instruction — Attorney- 
General, . .58 

26. Of State Boards and Commissioners, 00 

27. Of Counties and County Officers, G5 

28. Of County Officers — County Treasurer — Judge of Probate 

— Prosecuting Attorney — County Clerk — Sheriffs,. . 67 

29. Of County Officers (continued) — Coroners — Register of 

Deeds — County Surveyors — County Superintendent of 
Schools, . 60 

30. Of County Officers (continued) — Circuit Court Commission- 

ers — Superintendents of County Poor — Notaries Public 

— Inspectors of Provisions and other Merchandise, . . 71 

31. Of Townships and Township Officers — Supervisor — Town- 

ship Clerk — Township Board — Township Treasurer — 
Constables, 72 

32. Of Township Officers (continued) — Commissioners of High- 

ways — Overseers of Highways — School Inspectors — 
Pound-Masters, 74 

33. Cities and Villages, 75 

3-4. Of the Military Department — State Troops — General Offi- 
cers — Organization of Regiments — Regimental and 
Company Officers, 77 

35. Of the Judicial Department — Justices' Courts — Jurisdic- 

tion — Commencement of Suits — Incidents of a Trial, . 79 

36. Of Jury Trials — How Judgments are Executed or Satisfied 

— Criminal Jurisdiction of Justices of the Peace, . . 83 

37. Of Proceedings before Justices of the Peace, in Criminal 

Cases, S5 

38. Probate Courts — Their General Duties and Powers — Cir- 

cuit Courts and Supreme Court — Their Duties and 
Powers, ... 88 

39. Public Instruction — District Schools — School Officers, 

their Powers — Penalty for Failure to Send Children to 
School 02 

40. The State Normal School — State University — Agricultural 

College — State Public School, 94 

41. Of Benevolent Institutions, . . ... 90 

42. Penal and Reformatory Institutions, 98 

43. Assessment and Collection of Taxes, 100 



TABLE OF CONTEXTS. V 

CHAPTER. PAGE. 

44. Title to Real Property by Descent, 103 

45. Of Weights and Measures, 107 

46. The Public Health 109 

47. Of Fences and Fence- Viewers — When no Damages Allowed 

for Injuries by Trespassing Animals, 110 

48. Money and Interest, . . .111 

49. Of the Support of Poor Persons, 112 

50. Of the Lien of Mechanics and Others, 114 

51. Domestic Relations — Registration of Births, Marriages, and 

Deaths — Divorce, 118 

52. Of the Domestic Relations (continued) — Husband and Wife 

— Rights of Married Women, . . . . . 121 

53. The Internal Police of the State — Of Disorderly Persons — 

Who Required to Give Security for Good Behavior, . . 123 

54. Of the Observance of the Sabbath — Gaming and the Penal- 

ties Therefor, 124 

55. The Law of the Road — Conduct of Drivers — Destruction 

of Timber Marks, 127 

56. Lost Goods and Stray Beasts, 129 

57. Running at Large of Animals — Unclaimed Property — The- 

atrical Exhibitions and Shows — Gunpowder — Dogs — 
Sheep, 131 

58. Laws for the Protection of Fish, . ... 135 

59. Of the Protection of Game, Song Birds, and Musk-Rats, . 138 

60. Trespass upon Cranberry Marshes — Canada Thistles, Destruc- 

tion of, 142 

61. Intoxicating Liquors — Manufacture and Sale of, Prohibited, 143 

62. Of Crimes and Misdemeanors — Treason — Murder — Duels 

— Manslaughter — Maiming — Robbery — Malicious 
Threats — Marriage under Duress or by Force — Unlawful 
Imprisonment — Kidnapping, 147 

63. Of Crimes and Misdemeanors (continued) — Attempts to 

Poison — Taking or Enticing Children Away from Pa- 
rents or Others — Abandonment of Children — Careless 
Use of Fire-arms 150 

64. Of Offenses Against Property — Burning Buildings and 

Other Property — House-Breaking, etc. — Larceny — Re- 
ceiving Stolen Goods — Embezzlement, .... 151 

65. False Representations and Pretenses — Destruction and Fit- 

ting Out of Vessels, with Malicious Intent — Malicious 
Injuries — Burglar's Tools — Larceny in Other States — 
Injuries to Shade Trees — Of Certain Trespasses, . . 153 

66. Of Offenses Upon, and in Relation to Railroads and Cars, . 155 

67. Of Forgery and Counterfeiting, 156 

6b. Of Offenses Against Public Justice — Perjury — Bribery — 

Escape of Prisoners — Duties of Officers and Others in 

Arresting Offenders, 158 

69. Of Certain Offenses — Falsely Assuming to be a Public 



VI TABLE OF CONTENTS. 

CHAPTER. PACE^ 

Officer — Concealing or Compounding Offenses — Extor- 
tion by Officers — Resistance to Officers — Riots — Moles- 
tation of Laborers, 161 

70. Offenses Against Chastity, Morality, and Decency, . . 162 

71. Of Offenses Against Public Policy— Lotteries — Telegraphic 

Messages —"Offenses Against Election Laws — Cruelty 

to Animals, 165 



GOVERNMENT OP THE UNITED STATES. 

CHAPTER. PAGE* 

1. Colonial Governments — Government Lender the Articles of 

Confederation — Organization of the Federal Government, 169 

2. Executive Department of the Government of the United 

States — The Different Secretaries and their Duties, . . 172 

3. Legislative Department of the Government of the United 

States, 173 

4. Judicial Department of the Government of the United States, 174 



PREFACE 



The object of this work is to supply a want long felt and 
now fully recognized by the people. Books have been writ- 
ten on the science of government, which have gained admit- 
tance into our schools; and many of our youth have, in this 
way, acquired much valuable information. They have learned 
some of the first lessons of civil government, and have been 
made acquainted with an outline of the government of the 
United States, but as yet they have not been supplied with 
that information concerning our own State Government, and 
our own responsibilities and duties so important to enable us 
to act well our part as citizens. 

If the succeeding pages of this work shall serve to impart 
a knowledge of our civil jurisprudence, and of the framework 
and machinery of our State Government, if they shall furnish 
an insight into our political institutions, then surely it will 
inspire in the hearts of those who study them, a devotion to 
those institutions; and the more we know of them, the more 
shall we admire the wisdom and appreciate the statesmanship 
of the great and good men whose business it was to lay bro&d 
and deep the foundations upon which we, as a State, have built 
and are building. 

The demand for a second edition, within two months from 
the time when the first was issued, has encouraged the author 
to revise the work. It is hoped that the historical sketch, and 
other matter which has been added to this edition, will greatly 
enhance its value and usefulness as a text-book. 

To J. E. Scripps, editor of the Detroit Evening News, the 
author is indebted for a portion of the matter embraced in the 
historical sketch ; and to W. S. George, editor of the Lansing 
Republican, for the matter of which the chapter relative to the 
names of the counties is composed. 



TO TEACHERS AND PUPILS. 



Iii preparing the following work, the author has consulted 
with a number of prominent educators in the State, as to the 
best plan for presenting the matter contained therein. While 
all agree that it is desirable, in writing a text-book, to employ 
such language as shall be comprehended by the youngest 
student, yet, on the whole, it is believed to be better in a 
work of this kind, to use ordinary language, and even tech- 
nical terms when such are used in the law books to which we 
have occasion to refer. These words and terms must, sooner 
or later, be comprehended; and, in the judgment of the author, 
it would be unwise to attempt to exclude them. But, for the 
benefit of the younger students, it has been thought advisable 
to print all words, the definition or meaning of which it is 
conceived may not readily occur to them, in italics. The 
definition of most of the words printed in italics will be given 
in an appendix arranged in alphabetical order, and to which 
the student can easily refer. This reference, it is believed, 
will tend to fix the definition in the memory. 

Some objection has been made to the introduction of 
questions, and that upon the ground that they are often so 
suggestive of the answer as to enable the pupil to respond 
correctly, though he may not have fully mastered the text. 
All this is true when the questions are leading; but when this 
is avoided and the questions are so framed as to merely call 
attention to the subject under consideration, they serve a 
most valuable purpose. Those things which the author deems 
important, are thus suggested to the teacher, who, in too many 
instances, it is feared, would otherwise pass over them with- 
out proper consideration. 



Government of Michigan. 



[For the definition of most of the words printed in italics, see 
appendix.] 



CHAPTER I. 



HISTORY OF MICHIGAN. 

MICHIGAN, ORIGIN OF THE NAME EXPLORATIONS AND LABORS 

OF THE FRENCH JESUITS. 

In the language of the Chippewa tribe of Indians, the 
word Mitchaw, signifies great, and Sagiegan^ a lake. These 
words were applied by the members of that tribe to lakes 
Michigan and Huron, which were supposed to be one lake. 
The land which these lakes so nearly surrounded was called 
Michsawgyegan, meaning the Lake country; and from this 
word, Michigan derived its name. 

The country constituting the present State of Michigan, 
was partially explored by some French explorers as early as 
the year 1G10. In 1632, Father Sagard visited the country 
along the shores of Lake Huron. In 1634, a party of Indians 
belonging to the Huron tribe, visited Quebec, a walled city in 
Canada. On their return they were accompanied by the 
Jesuits, Breboeuf and Daniel, who located upon the shore of 



10 GOVEBNMENT OF MICHIGAN. 

Lake Iroquois, a bay of Lake Huron, and instructed the natives 
in religious matters. 

In 10-41, a number of French Jesuits paddled a bark 
canoe from the St. Lawrence river up through the Ottawa 
river, thence crossing over to Lake Ni pissing, thence down 
the French river to the Georgian bay, and passing the islands 
of Lake Huron, they reached the Falls of St. Mary, where 
they established a 3fission. 

In 1660, Rene Mesnard attempted an exploration of the 
territory around Green Bay and Lake Superior. In October 
of that year, he reached a bay on the south shore of Lake 
Superior, which he called St. Theresa. After remaining there 
for about eight months, he was lost in the forest. His breviary 
and cassock were subsequently discovered among the amulets 
of the Sioux, by whom he was probably murdered. 

In 1666, Father Allouez established a mission at the Falls 
of St. Mary, now called Sault Ste. Marie, where, in 1668, he 
was joined by Fathers Dablon and Marquette. In the course 
of the next three years they explored the country along the 
shores of Lake Michigan, making the entire circuit of that 
lake. In 1671, Marquette built a chapel at Mackinaw, for- 
merly called Michilimackinac, also Mackinac. 

In 1673, Father Marquette and Joliet sailed through the 
Straits of Mackinaw on their way to discover the Mississippi. 
They were followed, six years later, by Robert de la Salle, who 
built and navigated the Griffin, a bark of sixty tons burden — 
the first vessel that ever floated on the northwestern lakes. 
The Griffin had on board Louis Hennepin, the missionary, and 
a party of fur-traders, who landed at Michilimackinac, and 
erected a fort and established a trading post. 



Questions — From what did Michigan derive its name? In what 
year and by whom was Michigan first explored ? Give the dates and 



GOVERNMENT OF MICHIGAN. 11 

particulars of the visits of Sagard, Breboeuf and Daniel. State what 
was done by certain French Jesuits in 1641. What is said of Rene 
Mesnard ? Of Allouez, Dablon and Marquette ? Of Marquette and 
Joliet? Of de la Salle and those who accompanied hirn? 



CHAPTER II. 



FRENCH MISSIONARIES AND TRADERS ESTABLISHMENT OF MILI- 
TARY AND TRADING POSTS SURRENDER OF THE TERRI- 
TORY TO THE ENGLISH THE PONTIAC WAR. 

In the fall of 1679, La Salle and his men went to Green 
Bay and procured a cargo of furs and dispatched them in the 
Griffin for Niagara. But the vessel was lost on the voyage. 

From Michilimackinac, La Salle, and fourteen of his men, 
paddled their canoes up Lake Michigan to the mouth of the 
St. Joseph river, where they erected a rude fort. 

In July, 1701, Antoine de la Cadillac, with a Jesuit mis- 
sionary and one hundred men, located at the present site of 
Detroit, and commenced a permanent settlement. Here they 
erected a stockade which they named Fort Ponchertrain. 

The forts erected at Green Bay, Ste. Marie, St. Joseph, 
Michilimackinac, Fort Gratiot, Detroit, and other points were 
designed as outposts by which the claim of the French to 
govern the territory could be supported, and the traders and 
missionaries be protected. 

Prior to 1760, France claimed all of Canada, Illinois, and to 
the borders of the Mississippi, while the English occupied most 
of the country east of the Alleghany mountains. Both coun- 
tries desired supremacy over the northern portion of the New 
World, and a fierce struggle between them ensued. In No- 



VZ GOVERNMENT OF MICHIGAN. 

vember, 1760, Detroit, Michilimaekinac, and all the posts 
within the government of Canada that were in the possession 
of the French, were surrendered to the Crown of England. 

While some of the Indians cheerfully acquiesced in the 
change from the rule of the French to that of the English, a 
large proportion of them were dissatisfied and still retained a 
strong friendship for the French government; and in the 
month of May, 1763, a simultaneous attack was made upon 
the Forts of Le Bceuf, Venango, Presque Isle, Michilimaek- 
inac, St. Joseph, Miami, Green Bay, Ouiatonon, Pittsburgh, 
Sandusky, Niagara and Detroit. This attack resulted in a 
most frightful massacre at each of these points; Detroit, Pitts- 
burgh and Niagara being the only places that did not fall into 
the hands of the savages. 

Pontiac, an Ottawa chief, who lived on Pechee Island, 
about eight miles above the city of Detroit, was at this time 
the most prominent and influential leader among the Indians, 
Hence this war is known in history as the Pontiac war. 

The siege of Detroit by Pontiac continued for eleven 
months, when the post was relieved by Gen. Bradstreet, with 
an army of three thousand men. 

Questions — What is said of La Salle and his men ? Of Antoine de 
la Cadillac and the Jesuit missionaries ? For what purpose were the 
forts at the different points erected ? Prior to 1760, what territory in 
this region was claimed by France? What was occupied by the 
English? What occurred in 1760? In 1763? What is said of Pontiac ? 
Of the siege of Detroit? 



GOVERNMENT OF MICHIGAN. 13 



CHAPTER III. 



INDIAN HOSTILITIES MICHIGAN AND THE NORTHWESTERN 

TERRITORY WAR OF 1812. 

During the war of the Revolution, the Indians within the 
territory now comprising the present State of Michigan, were 
induced to make war upon the American settlements in New 
York, Pennsylvania, and Virginia. 

In the treaty of peace of 1 783, at the close of the Revo- 
lutionary War, there was no express stipulation for the 
surrender of the northwestern posts, although the territory 
embracing them was clearly embraced within the treaty. 
Notwithstanding this, the British Government continued in 
possession of them until 1796. 

The Territory of Michigan was organized in 1805. For 
sometime previous to that date, it had formed a part of the 
Northwestern Territory, and the present State of Michigan 
formed a single county, called Wayne. The seat of Govern- 
ment was at Chillicothe, in the present State of Ohio, to which 
place the county sent a representative until 1800, when Indi- 
ana was erected into a separate territory ; and two years after- 
wards, it was annexed to this new-formed territory, and 
remained under its jurisdiction until 1805. 

In 1812, war was declared between the United States 
and Great Britain. The chief causes of this war, were, the 
impressment of American seamen, the capture of American 
vessels, and the enforcement of illegal blockades by the Eng- 
lish Government. 

On the 12th of July, 1812, General Hull, in command at 



14 GOVERNMENT OF MICHIGAN. 

Detroit, surrendered to the British under General Brock. 
General Harrison, soon after, sent General Winchester into 
Michigan at the head of a thousand men, with a view to the 
recapture of Detroit. January 19, 1813, Winchester was at- 
tacked at French town, on the river Raisin, by the British Gen- 
eral Proctor, with a force of two thousand British and Indians. 
Winchester was taken prisoner, and his entire detachment 
surrendered, Proctor assuring them that he would protect 
them from the savages. He, however, withdrew his troops to 
Maiden, leaving his prisoners to be massacred by the Indians. 
On the 10th of September of the same year, Commodore 
Perry defeated the British at the battle of Lake Erie ; and on 
the oth of October, General Harrison defeated the British and 
Indians at the battle of the Thames. At this battle, the re- 
nowned chief, Tecumseh, was in command of the Indian war- 
riors, and fought with wonderful courage and desperation. 
After the British had fled, Tecumseh, with his Indian warriors, 
engaged in a hand-to-hand conflict with Colonel Johnson and 
his force of mounted Kentuckians; but soon fell, pierced by a 
pistol ball. It is said that during the latter years of his life, 
" he was almost incessantly engaged either in council, or at the 
head of his warlike bands," and that " he sank at last on the 
field of his glory, with tomahawk in hand, and the cry of bat- 
tle upon his lips." 

" Like monumental bronze, unchanged bis look, 
A soul which pity touclTd, but never shook; 
Train'd from his tree-rock'd cradle to his bier, 
The fierce extremes of good and ill to brook; 
Unchanging, fearing but the shame of fear, 
A stoic of the woods, a man without a tear." 

Immediately after the battle of the Thames, the British 
surrendered Detroit to the Americans, but retained the pos- 



GOVERNMENT OF MICHIGAN. 15 

session of Mackinac until December 24, 1814, when peace was 
concluded. 



Questions- During the war of the Revolution, what was done hy 
the Indians of Michigan ? What is said in relation to the treaty of 
peace? Of Michigan and the Northwestern Territory? Of Indiana? 
State some of the chief causes of the war of 1812. When and to 
whom did Gen. Hull surrender Detroit ? State the particulars and re- 
sult of Gen. Winchester's campaign. When, by whom, and with what 
result was the battle of Lake Erie fought ? Battle of the Thames ? 
What is said of Tecumseh ? 



CHAPTER IV. 



MICHIGAN AS A TERRITORY THE UNIVERSITY TREATIES 

WITH THE INDIANS GOVERNOR AND JUDGES LEGIS- 
LATIVE COUNCIL. 

The government of the Territory of Michigan, until 1823, 
was vested in the Governor and Judges, who, in addition to 
the powers usually exercised by such officers, exercised legis- 
lative functions. 

In 1817, the Governor and Judges passed an act for the 
establishment of what was styled the Catholepestemiad, or 
University of Michigan; although it was not until shortly 
after the Territory had been achnitted as a State, that the 
present University was really established. 

In 1818, all the territory lying north of Illinois and Indi- 
ana was annexed to Michigan . 

In 1819, General Cass, who was then Governor of the 
Territory, effected a treaty with the Indians, at Saginaw, by 



16 GOVERNMENT OF MICHIGAN. 

which they relinquished their claim to 0,000,000 acres of land 1 
in the eastern part of the Territory. 

In 1821, a treaty was made at Chicago, by which the In- 
dian title to all the lands in the Territory, south of the Grand 
river, was relinquished. By the treaty of Greenville, con- 
cluded in 1795, the Indians had agreed that all the lands 
which they had granted to the French or English should be 
transferred to the United States. 

In 1823, Congress abolished the act conferring legislative 
power upon the Governor and Judges, and provided for the 
establishment of a Legislative Council, to consist of nine 
members. The members of the Council were appointed by 
the President of the United States, who selected them from 
eighteen persons chosen by the people. In 18*25, the Council 
was made to consist of thirteen members. In 1827, the Coun- 
cil was made elective by the people. 

In 1831, General Cass was appointed Secretary of War, 
and George B. Porter of Pennsylvania, was appointed Gov- 
ernor of the Territory. He died in 1834, whereupon Stevens 
T. Mason, Secretary of the Territory, became acting Governor. 



Questions — What is said of the government of the Territory 
prior to 1828? What was done b}- the Governor and Judges in 1817?- 
What Territory was annexed to Michigan in 1818? What is said of 
the treaty of 1819? Of 1821? Of 1705? What is said of the Legis- 
lative Council ? To what office was General Cass appointed in 1831 ? 
Who succeeded him as Governor ? Who succeeded Governor Porter *» 



GOVERNMENT OF MICHIGAN, 17 



CHAPTER V. 



THE TOLEDO WAR SETTLEMENT OP THE DIFFICULTY BY 

CONGRESS. 

By 'the Ordinance of 1787, it was contemplated that a 
line due east and west through the southern extremity of 
Lake Michigan should be the dividing line between the two 
tiers of States to be erected out of the Northwestern Terri- 
tory. By the act of Congress establishing the Territory of 
Michigan, this line was designated as its southern boundary. 
Ohio, however, desired and claimed a strip of land about fif- 
teen miles wide, north of this line ; and in 1812, Congress 
recognized the line as claimed by Ohio, and in 1816 a survey 
was authorized to be made accordingly. Michigan was about 
to apply for admission as a State, and insisted on the line as 
originally established, and made preparations to resist a party 
of surveyors sent by the authorities of Ohio to re -survey the 
line. The surveyors were driven off by a party of Michigan 
men. Believing that Ohio would send troops to take posses- 
sion of the disputed territory, acting Governor Mason called 
out the militia of the Territory, and as Commander-in-Chief, 
placed himself at their head, and marched "to the front." 
No enemy appearing, the troops were allowed to disperse and 
return to their homes. Congress finally decided the contro- 
versy in favor of Ohio, and gave to Michigan, in lieu of the 
strip in dispute, about twenty-five thousand square miles of 
country in w r hat is now known as the Upper Peninsula. 



Questions — What was the line originally contemplated as the 
dividing line between the present State of Michigan, and the territory 
2 



18 GOVERNMENT OF MICHIGAN. 

south of it? \Ykat public acts recognized this as the line? What 
was the occasion for the controversy between Ohio and Michigan? 
State w T hat was done by Michigan in relation to the matter. How was 
the difficulty finally settled ? 



CHAPTER VI. 



MICHIGAN AS A STATE BANKING INTERNAL IMPROVEMENTS. 

In the spring of 1835, a convention called for that pur- 
pose framed a constitution for a State Government, and appli- 
cation was made to Congress for the admission of the Terri- 
tory as a State. In June, 1836, an act was passed admitting 
her upon condition that she should accept the boundary line 
as claimed by Ohio. On the 15th of December the conven- 
tion convened to decide the question, voted to accept the 
proposition. January 26th, 1837, Congress passed an act 
recognizing Michigan as a State of the Union. 

The population of the State in 1837, was estimated at 
two hundred thousand ; and its territory embraced about forty 
thousand square miles, which was divided into thirty-six 
counties. 

In 1837, the Legislature made provision for free banking, 
and in less than eight months, forty-five banks were established. 
With the fifteen banks that had been previously chartered, 
the banking capital of the State amounted to $10,115,000. 
With the immense amount of currency thus issued, money 
was very cheap, and speculation ran high. Of course the 
inflation soon collapsed, and thousands who had imagined 
themselves rich, found their currency almost worthless. 

In 1837, the Legislature established a Board of Commis- 



GOVERNMENT OF MICHIGAN. 19 

sioners on Internal Improvement, with authority to construct 
three railroads across the State : The Southern from Monroe 
to New Buffalo ; the Central from Detroit to St. Joseph ; and 
the Northern from Port Huron to Grand Haven. Also, three 
canals : The St. Mary's Ship canal ; the Clinton and Kalama- 
zoo canal, to extend from Mt. Clemens to the mouth of the 
Kalamazoo river; and the Saginaw or Northern canal, to extend 
from Bad river to Maple river, so as to secure water commu- 
nication between Saginaw and Grand Haven. The estimated 
cost of these improvements was over $10,000,000. To raise 
this sum, it was provided that the surplus revenue of the 
State, and five per cent, of the proceeds from the sale of lands 
belonging to the State, should be appropriated, and to effect 
a loan not to exceed $5,000,000, payable in twenty-five years, 
with interest at six per cent, per annum. 

The bonds were sold, and a large proportion of the money 
realized was expended on the proposed works, but it was soon 
found that the interests of the State required that these 
works should be disposed of, and be carried on by private 
enterprise. The Central and Southern roads, on which most 
of the money had been expended, were sold by the State in 
1846. The Clinton and Kalamazoo, and the Saginaw or 
Northern canals were abandoned, and the Northern road upon 
which some work had been done was converted into a wagon 
road. 

J. E. Scripps, Esq., of Detroit, has prepared and published 
in the " Michigan State Gazetteer," a brief outline history of 
Michigan, in which is found some very valuable information 
concerning the Internal Improvement scheme, an extract from 
which is copied in a note to this chapter. 



Questions — In what year was the State Constitution adopted? 
{State what action was taken by Congress in regard to the admission of 
Michigan. What was the population of the State in 1837 ? Square 



20 GOVERNMENT OF MICHIGAN. 

miles of territory? What is said of banking and currency? What 
action was taken by the Legislature in 1837, with reference to internal 
improvements? What was the estimated cost of these proposed im- 
provements ? What provision was made for meeting these expenses ? 
What disposition did the State make of these works ? 

Note.— " The first step of the board was to purchase the Detroit <fc St. Joseph 
R. R., no part of which was in operation, though considerable work had been done 
between Detroit and Ypsilanti. To this place it was opened for traffic February 3, 
1838. Surveys on all the other works were in 1837 completed, and 30 miles of the 
Southern road put under contract. The total expenditures this year were $415,618. 

" Meanwhile the Governor, who had been empowered by the Legislature to 
negotiate the $5,000,000 loan, had closed a contract with the Morris Canal and Bank- 
ing company of New Jersey, by which they took the entire amount of the bonds and 
agreed to pay for the same, about one quarter down and the balance in quarterly 
instalments of $250,C00 each, the bonds to be delivered at once. Three millions of 
these bonds they immediately turned over to the Bank of the United States, by 
which they were hypothecated largely in Europe. Great complaint seems to have 
been made at home of the Governor's recklessness in thus hastily closing so large a 
transaction, and in his parting with the bonds without receiving proper security 
for the payment. Nor was the complaint without just grounds, for in 1840, when 
there was still $2,158,937 due from the purchasers, it came to light that both banks 
were insolvent For some time the financial condition of the State was most criti- 
cal, but in 1843 the Legislature passed an act authorizing the issue of new bonds for 
the amount that had been actually received by the State, the same to-be delivered 
upon the surrender of the entire amount of outstanding bonds, or pro rata for any 
portion that might be surrendered. In this way the entire $5,000,000, except about 
$56,000, was gradually retired, and the bonds given in lieu thereof were duly paid in 
1863. 

" In 1838, $530,496 was expended on the Internal Improvement works, and 
considerable surveying and clearing was done, besides the completion of the Cen- 
tral railroad to Ypsilanti. In 1839 the expenditure was $693,883. The Central road 
was opened to Ann Arbor and the Southern to Petersburgh. An attempt to com 
mence work on the Sault canal was defeated by a collision between the contractors 
and the United States officials at Fort Brady. 

" In 1840 the Governor in his message to the Legislature deplored the Inter- 
nal Improvement scheme, and recommended the suspension of further work, except 
where necessary to complete and utilize what had already been commenced. This 
year $463,816 was expended, the Central road being brought to within four miles of 
Dexter, the Southern opened to Adrian, and a heavy amount of work being done 
upon the Clinton & Kalamazoo canal between Mt. Clemens and Rochester. In 1841 
there was expended $419,139. The Central was opened to Dexter, July 4, and was 
immediately pushed on to Jackson. The Southern had not got beyond Adrian. 
The Northern railroad, upon which considerable clearing and grading had been done, 
was this year ordered by the Legislature to be completed as a wagon road. 

" January 1, 1842, the Central was opened to Jackson. The Southern was dur- 
ing this year made ready for the iron as far as Hillsdale, bat the credit of tne State 



GOVERNMENT OF MICHIGAN. 21 

was not at that time good enough to enable it to buy iron on credit, and cash it 
had none. Sixteen miles of the Clinton & Kalamazoo canal were completed at a 
cost of $338,330, but it had not. yet been brought into use. The Legislature in Janu- 
ary, 1842, by resolution forbade the letting of any further contracts on the public 
works, but provision was made for extending the Central and Southern railroads. 
The year 1843 saw the latter opened to Hillsdale. The expenditures in 1842 were 
$170,545, and in 1843 $160,416. In 1844 the Central road was opened to Marshall and 
graded to Kalamazoo. The Southern was this year re-built between Monroe and 
Adrian, the superstructure having rotted out, and the Palmyra & Jacksonburg road 
was purchased by the State for $22,000. This latter road had been prepared for the 
iron from Palmyra to Tecumseh, but had been allowed to go to decay without ever 
being put in full operation. The Central railroad was now earning from year to year 
a moderate profit over expenses, the Southern road a veiy trifling amount, if any- 
thing, and none of the other public works were at all productive. In 1845 the Cen- 
tral was finished to Battle Creek and some progress made with the reconstruction 
of the Tecumseh branch of the Southern. The expensiveness of keeping strap-rail 
roads in repair had by this time been found to be a serious drawback to the product- 
iveness of railroad property, and the commissioners in their report for this year sug- 
gested the importance of immediately reconstructing both roads with 'T 1 rail, and 
recommended as the only feasible method of securing the accomplishment of this 
enterprise, the sale of the roads to some responsible company. In this year the 
navigation of the Clinton & Kalamazoo canal was inaugurated by a small boat of 20 
tons burden. 

"On February 1, 1846. the Central road was completed to Kalamazoo; on the 
23d of September its sale to the Michigan Central Railroad company was perfected, 
the purchase price being $2,000,000 and the payments being made in bonds and other 
State indebtedness. One month later the sale of the Southern road to the Michigan 
Southern Railroad company was consummated by the payment of the first instal- 
ment of the purchase price, which had been fixed at $500,000, payable also in State 
indebtedness within 10 years. By these sales the State debt was greatly diminished 
and the two roads placed in the hands of strong and enterprising companies, by 
whom they were speedily completed, and under whom they have since achieved 
reputations for admirable management second to those of no other railroads in the 
country. 

" The canal still remained to the State. This was in 1846 put in navigable 
order between Mt. Clemens and Utica, but only $43 was received in tolls. The fol- 
lowing year further repairs were made and an ineffectual effort made to lease the 
work. From this time it appears to have been wholly neglected by the State. Be- 
tween Rochester and Utica it has since been utilized for water-power purposes, but 
below Utica it has been allowed to go wmolly to decay. 11 



22 



GOVERNMENT OF MICHIGAN. 



CHAPTER VII. 



EXTENT OF TERRITORY RESOURCES OF THE STATE. 

The total land surface of Michigan comprises an area of 
56,243 square miles, while the area of its waters is computed 
at 36,324 square miles. 

From the time when the State sold its Public Works, to 
the present, it has steadily progressed in wealth and popula- 
tion. The census of 1870 showed a population of 1,184,059, 
and we now have a little over 3,000 miles of railroad within 
the State, and a lake coast of nearly 1,500 miles. 

The surface of the Upper Peninsula is rugged and hilly. 
It has, nevertheless, much valuable pine timber, and is, per- 
haps, the richest mineral region in the world, especially in 
copper and iron. 

The upper portion of the Lower Peninsula is still cov- 
ered with dense forests of pine and hard wood, though the 
manufacture of lumber, as a branch of industry, has for a 
number of years been extensively prosecuted. The soil of 
the Lower Peninsula is varied, and well adapted to the raising 
of all kinds of products that may be grown in this latitude. 

In the Saginaw valley, salt is manufactured in abundance. 
We also have, in the State, rich mines of coal, iron, copper, 
and silver. 



Questions — How many square miles of land has Michigan? 
The area of its waters? What was its population in 1870? How 
many miles of railroad has it? The extent of its lake coast? What 
is said of the Upper Peninsula? Of the Lower Peninsula? 



<30VERNMENT OF MICHIGAN. 



23 



CHAPTER VIII. 



GOVERNORS OF MICHIGAN. 



Under French rule the Governors of the Territory em- 
bracing the present State of Michigan, were as follows : 



Sieur de Mesy, appointed in 

Sieur de Courcelle, . 

Sieur de Frontenac, 

Sienr de Barre, 

Sieur de Marquis de Nouville, 

Sieur de Frontenac, 

Sieur Chevalier de Calliers, 



James Murray, appointed 
Paulus Emilius Irving, 
Guy Carleton, 
Hector T. Cramahe, 
Guy Carleton, 
Frederick Haldemand, 



. 1663 


Marquis de Vaudreuil, 


1703 


. 1665 


Marquis de Beauharnais, . 


1726 


. 1672 


Sieur Compte de la Gallisoniere, 


1749 


. 1682 


Sieur de la Jonquire, 


1749 


. 1685 


Marquis du Quesne de Mennevill 


e, 1752 


. 1689 


Sieur de Vaudreuil de Cavagnal, 


1755 


. 1699 






rule the Governors were : 




. 1765 


Henry Hamilton, 


1774 


. 1766 


Henry Hope, . 


1775 


. 1766 


Lord Dorchester, 


1776 


. 1770 


Alured Clarke, 


1791 


. 1774 


Lord Dorchester, . , 


1798 


. 1774 







The American Governors under the Territorial Govern- 
ment were as follows : 



William Hull, appointed in . 1805 

Lewis Cass, .... 1814 
George B. Porter, . . . 1832 



Stevens T. Mason, 
John S. Horner, 
Stevens T. Mason, 



1834 

1835 
1835 



The following is a list of the several Governors who have 
served from the admission of the State into the Union, down 
to the present time : 

Inaugurated. Retired. 

Stevens T. Mason, . . Oct. 1837 Jan. 1840 

William Woodbridge, . Jan. 1840 Feb. 1841* 

J. Wright Gordon^ . . Feb. 1841 Jan. 1842 

John S. Barry, . . . Jan. 1842 Jan. 1846 

* Resigned upon being elected to Congress. 
t Lieutenant Governor, acting as Governor. 



24 



GOVEKN'MKNT OF MICHIGAN. 



AlPHEUS FELC H, . 


Jan. 


1846 


Mar. 


1847f 


William S. Greenly,^ 


Mar. 


1847 


Jan. 


1848 


Epaphroditus Raxsom, 


Jan. 


1848 


Jan. 


1850 


John S. Barky, 


Jan. 


1850 


Jan. 


1852 


Robert McClelland, . 


Jan. 


1852 


Mar. 


1853** 


Andrew Parsons, 


Mar. 


1853 


Jan. 


1&55 


Kinsley S. Bingham, . 


Jan. 


1855 


Jan. 


1859 


Moses Wisner, 


Jan. 


1859 


Jan. 


1861 


Austin Blair, 


Jan. 


1861 


Jan. 


1865 


Henry H. Crapo, . 


Jan. 


1865 


Jan. 


1869 


Henry P. Baldwin, 


Jan. 


1869 


Jan. 


1873 


John J. Eagle y, - 


Jan. 


1873 


Jan. 


1875 


John J. Bagley, . 


Jan. 


1875 







Questions — Who was the first Governor of the Territory embrac- 
ing the present State of Michigan ? Will you give the names of the 
French Governors, and the dates of their appointment from 1663 to 
1685? From 1689 to 1726? From 1749 to 1755 ? Who was the first 
English Governor? Give the names of the English Governors, and 
the dates of their appointments ? Of the American Governors, under 
the Territorial Government ? Give the names of the Governors under 
the State Government. 



CHAPTER IX. 



MICHIGAN DURING THE REBELLION. 



In the late war of the Rebellion, Michigan achieved for 
herself a glorious record. She sent to the field one regiment 
of engineers and mechanics, 11 regiments and 3 independent 
companies of cavalry, 14 batteries of artillery, 31 regiments 

% Resigned on being elected U. S. Senator. 

| Lieutenant Governor, acting as Governor. 

** Resigned upon being appointed Secretary of the Interior. 



GOVERNMENT OF MICHIGAN. 25 

of infantry, and 5 companies of sharpshooters, numbering in 
all 90,747 men. Of these, 4,175 were killed in action or died 
of wounds, and 9,230 died of disease while in service. 

From the beginning to the close of the war, the Michigan 
troops bore the reputation of being among the bravest and 
best disciplined in the army, and there were very few of the 
more important engagements where Michigan was not repre- 
sented, and where her regiments were not conspicuous for the 
efficient aid they rendered. 



Questions — How many regiments of engineers did Michigan 
Bend to the late war of the Rebellion? Of cavalry? Batteries of ar- 
tillery? Regiments of infantry? Companies of sharpshooters? 
How many men in all ? How many were killed, or died of wounds ? 
How many died of disease ? What is said of the bravery of Michigan 
troops ? 



CHAPTER X. 



ORIGIN OF THE NAMES OP COUNTIES DATES OF THEIR 

ORGANIZATION. 

The following is taken from an account of the origin and 
derivation of the names of most of the counties of Michigan, 
by Mr. W. S. George, editor of the Lansing Republican. 
The dates in parentheses are those of the legal organization 
of the several counties. 

Allegan (1835) — Named from an ancient Indian tribe in 
the Alleghanies. The word gan signifies Lake. 

Antrim (1843) — Named from the northeastern county of 
Ireland. 

Barry (1839) — Named from Wm. T. Barry, Postmaster- 



26 GOVERNMENT OF MICHIGAN. 

General of the United States, in Jackson's cabinet, from 1829 
to 1835. Born 1785, died 1835. 

Bay (1857) — Named from its bordering on Saginaw 
Bay. 

Benzie (1869) — Named from Aux becscies, the French 
designation of that important river on which the thriving vil- 
lage of Frankfort is situated. 

Berrien (1831) — Named from John M. Berrien, Attorney- 
General in Jackson's cabinet from 1829 to 1831. Born 1781, 
died 1856. 

Branch (1833) — Named from John Branch, Secretary of 
the Navy in Jackson's cabinet from 1829 to 1831. Born 1782, 
died 1863. 

Calhoun (1833) — Named from John C. Calhoun, Vice- 
President of the United States from 1825 to 1833. Born 
1782, died 1850. 

Cass (1829) — Named from Lewis Cass, Territorial Gov- 
ernor of Michigan from 1814 to 1831, Secretary of War under 
Jackson, Minister to France, U. S. Senator 12 years, Secretary 
of State under Buchanan. Born 1782, died 1866. 

Clinton (1838) — Named from De Witt Clinton, the most 
illustrious Governor the State of New York ever had, and 
projector and virtual builder of the Erie Canal. Born 1769, 
died 1828. 

Charlevoix (1869) — Named from Pierre F. X. de Charle- 
voix, a French traveler and Jesuit missionary. Born 1682, 
died 1761. 

Cheboygan (1840) — An Indian name for a river emptying 
into the Straits of Mackinaw from the south. The original 
word, Chabwegan, signifies a place of ore. 

Chippewa (1826) — Named from a powerful Indian tribe, 
sometimes called " Ojibbeways." 

Delta (1861) — Named from its partial resemblance in 



GOVERNMENT OF MICHIGAN. 27 

position to the u delta " or triangular fork of land at the 
mouth of the river Nile in Egypt. 

Eaton (1837) — Named from John H. Eaton, Secretary 
of War in Jackson's cabinet from 1829 to 1831. Born 1790, 
died 1856. 

Emmet (1843) — Named from Robert Emmet, the elo- 
quent young Irish patriot, who was one of the leaders in an 
insurrection against British misrule in 1803, but failed, and 
was hung by the government as a traitor at the age of only 
23 years. 

Genesee (183G) — Named from the fertile and pleasant 
county in Western New York, from whence many settlers 
emigrated to this part of Michigan. In the Seneca language, 
Je-nis-M-yuh signified beautiful, pleasant valley, and was 
truly descriptive of the valley of the Genesee river. 

Grand Traverse (1851) — Named from the peculiarity of 
the bay on which it is situated. The French sailors who ran 
into it, perhaps thinking it was a lake, had to sail a long dis- 
tance or make a u grand traverse" to get out again. 

Gratiot (1855) — Named from Fort Gratiot, which for- 
merly stood at the foot of Lake Huron ; the early French 
traders fortified that point in 1688. 

Hillsdale (1835) — Named from the rolling and diversi- 
fied face of the country, " up hill and down dale." 

Houghton (1845) — Named from Douglas Houghton, the 
talented geologist and first thorough explorer and describer of 
the mineral wealth of our Upper Peninsula, whose death by 
drowning in 1845 was deeply lamented. 

Huron (1859) — The name of a tribe of Indians, also 
called " Wyandottes." A fragment of the Hurons about 1680, 
settled at Detroit. The slang phrase, " Quelles hures I " 
(what heads !) was applied by an astonished French traveler 
to the Wyandottes, on seeing their fantastic mode of dressing 



28 GOVERNMENT OF MICHIGAN. 

the hair ; with some of the warriors, it bristled in a ridge- 
across the crown, like the back of a hyena. From hures was 
derived Huron. 

Ingham (1838) — Named from Samuel D. Ingham, Sec- 
retary of the Treasury in Jackson's cabinet from 1829 to 1831. 
Born 1773, died I860. 

Ionia (1837) — Named from a province in ancient 
Greece, where the simple but majestic order of architecture 
known as " Ionic " had its origin. 

Iosco (1857) — An illegitimate Indian name of whieh 
Hon. H. R. Schoolcraft was father, and of which he gave the 
meaning as " AVater of Light." 

Isabella (1859) — Named from the illustrious Queen of 
Spain, who nearly four centuries ago fitted out Columbus's 
fleet, and enabled him to discover the new world. She was 
born 1451, died 1504. 

Jackson (1832) — Named from the iron-willed and popu- 
lar President of the United States from 1829 to 1837. Born. 
1767, died 1845. 

Kalamazoo (1830) — An Indian name, signifying " the- 
mirage or reflecting river," applied to the stream which 
waters this county and parts of Calhoun and Allegan. It was- 
originally spelled Kikalamazoo. It is claimed by some to 
have been derived from the Indian word Ke-Kanamozoo, or 
" Boiling Pot," by which name the river was sometimes 
called. 

Kent (1836) — Named from Chancellor James Kent, the 
celebrated jurist of New York. Born 1763, died 1847. 

Keewenaw (1861) — An Indian name, curtailed from Ki- 
wi'wai-non-ing^ signifying a portage, or place where a portage 
is made; it may mean the place where the portage ends or 
the canoe is " carried back" to the lake. 

Lenawee (1826) — An Indian name, derived perhaps from 



GOVERNMENT OF MICHIGAN. 29 

the Delaware Lenno, or rather from the Shawnee Lenawai, 
"man*" 

Livingston (1836) — Named from Edward Livingston, 
Secretary of State in Jackson's cabinet from 1831 to 1833. 
Born 1764, died 1836. 

Mackinac (1840) — An Indian name, curtailed from Mich- 
inimackinong, the place of Giant Fairies, or Great Turtle place. 

Macomb (1818) — Named from Gen. Alexander Macomb, 
who was born in Detroit, entered our regular army and won 
promotion, fought bravely in 1813 at Fort George and Niagara, 
and gained the decisive victory at Plattsburg over the British, 
September 11, 1814. Born 1782, died 1841. 

Manistee (1840) — An Indian name for the river which 
Charlevoix visited over a century ago. The Indians interpret 
the name as " a river at whose mouth there are islands." 

Manitoti (1855) — An Indian name for some deity which 
they acknowledged. It is not very clear that they recognized 
■only one "Great Spirit." 

Marquette (1845) — Named from the Jesuit Father Jacques 
Marquette, an early explorer of the great lakes. Born 1637, 
died 1675. 

Mason (1843) — Named from Stevens T. Mason, the last 
Territorial and first State Governor of Michigan. 

Menominee (1863) — Named from an Indian tribe in Wis- 
consin. 

Midland (1850) — Named from its central position in the 
Lower Peninsula. 

Monroe (1817) — Named from James Monroe, President 
of the United States from 1817 to 1825. Born 1758, died 1831. 

Montcalm (1840) — Named from the Marquis de Mont- 
calm, that gallant commander of the French forces who was 
vanquished and killed at the taking' of Quebec, when General 
Wolfe captured the city but lost his life. Born 1712, died 1759. 



30 GOVERNMENT OF MICHIGAN. 

Muskegon (1859) — An Indian name, signifying "marshy- 
river, or wet prairie/' 

Newaygo (1859) — From Indian words, signifying "great 
water " or " much water." 

Oakland (1820) — Named from the face of the country 
when it was first settled by white men; "oak openings" 
prevailing. 

Oceana (1851) — Named from its watery location on the 
eastern shore of Lake Michigan. 

Osceola (1843) — Named from the famous chief of the 
Seminole Indians, who kept the Florida w r ar going several 
years, baffling our whole regular army and costing the public 
treasury about a hundred million dollars. Born 1803, died 1838. 

Ontonagon (1845) — An Indian name derived from JSTunda- 
norgan, hunting river. 

Ottawa (1837) — An Indian name signifying traders, and 
applied to a powerful tribe which once occupied Northwestern 
Michigan. 

Saginaw (1835) — An Indian na*ne, derived from Sac-e- 
nong, or Sac towm. 

Sanilac (1857) — This name is either of Indian or Cana- 
dian French origin; its meaning not ascertained. It is among 
the names invented by Mr. Schoolcraft. 

Shiawassee (1837) — An Indian name signifying " straight 
running," in reference, doubtless, to the course of the river 
from Owosso to St. Charles. 

St. Clair (1821) — Named from Lake St. Clair. Hon. 
Augustus B. Woodward, first Chief Justice of the Territory, 
believes that the lake derived its name from the French officer 
St. Clair, and the river from the British officer Sir John Sin- 
clair. In the early records the name of the county is some- 
times given as Sinclair. In reality both names are the same and 
designate a proud and ancient Scotch family ofSNorman origin.. 



GOVERNMENT OF MICHIGAN - . 31 

St. Joseph (1829) — Named from the husband of the 
Virgin Mary, canonized by the Romish church, and regarded 
by the Jesuits as the patron saint of New France. Our 
Northwestern States as well as the Canadas were formerly 
called " New France." 

Tuscola (1840) — Another of Schoolcraft's illegitimate 
Indian names. He gave its meaning as " Warrior Prairie," 
from the Muscogee Tusca, warrior. 

Van Buren (1837) — Named from Martin Van Buren, 
who held the offices of Governor of New York, U. S. Senator, 
Secretary of State in Jackson's cabinet, Minister to England, 
Vice-President, and President of the United States from 1837 
to 1841. Born 1782, died 1862. 

Washtenaw (1836) — The Indian name of Grand river, 
which rises in the southwestern part of the county. The 
name was originally Wash-ten- ong, meaning at or on the 
river. 

Wayne (1796) — Named from General Anthony Wayne, 
the brilliant hero of the Revolutionary army, and the victori- 
ous Indian fighter near our southeastern border. He was 
nicknamed " Mad Anthony," on account of his hair-brained 
courage and dash. The Indians gave him a name which sig- 
nified Tornado. In the early Territorial government of 
Michigan, Wayne county included the whole State. Gen. 
Wayne was born 1745 ; died 1796, while on his way to take 
command at Detroit. 

Wexford (1843) — Named from a maritime county in the 
southeastern part of Ireland. 



[It is not deemed necessary to arrange questions for this chapter, 
as they would necessarily be aearly the same for each county. The 
proper questions will be readily suggested to the teacher.] 



O'-l GOVERNMENT OF MICHIGAN. 



CHAPTER XI. 



OF THE SURVEY OF THE PUBLIC LANDS SUBDIVISIONS OF 

TOWNSHIPS AND SECTIONS. 

The lauds embraced within the territorial limits of Mich- 
igan, had been surety ed by or under the direction of the 
Surveyor-General of the United States, before the State was 
admitted into the Union. The plan adopted in making this 
survey, was to draw two imaginary lines across the territory; 
one east and west, and the other north and south. The 
line running north and south was called the principal me- 
ridian, and the one running east and west was called the base 
line. The principal meridian commences on the south line 
of the State, between the counties of Hillsdale and Lenawee, 
and extends to the northern extremity of the State. The 
base line commences at a point in the western boundary line 
of the State, between the counties of Allegan anil Van Buren, 
and extends east to the eastern boundary of the State. In 
making the survey of Michigan, the territory was divided into 
townships six miles square, and these were subdivided into 
thirty-six sections, of a square mile each, the townships being 
numbered in regular order east and w^est of the meridian line, 
and north and south of the ba^e line. Thus, where the 
meridian and base lines intersect and. cross each other, the 
township next north of the base line, and next east of the 
meridian line would be called " township number one north, 
in range number one east," while the township next east of it 



GOVERNMENT OF MICHIGAN. 



33 



would be, " township number two east, in range number one 
north." The following diagram will aid in explaining this: 

DIAGRAM SHOWING HOW TOWNSHPS ARE NUMBERED WITH 
REFERENCE TO THE MERIDIAN AND BASE LINES. 

























3K 

4W. 








a ie 














2K 
3W. 
















Base 




1 IS". 

2 W. 




3 






Line. 












3 


1 S. 
2E. 














as. 

2 W. 


• 


g 




















p-l 




3 S. 
3E. 




■ 





















The sections contain six hundred and forty acres each, 
unless they are, as is sometimes the case, fractional. Some- 
times a stream or a lake occupies a large portion of a quarter- 
section, and the part not so occupied we call " fractional." 
Sometimes in measuring the townships, the surveyors would, 
owing to the great difficulties they had to encounter in meas- 
uring the distances through the wilderness, swamps, and lakes, 
and over the hills, include a little too much territory, or per- 
haps not quite enough. In such case., when the townships 
were subdivided into sections, and the measurements were 
made with more care, the subdivisions on the north and west 
sides of the townships were made to contain whatever was 
3 



34 



GOVERNMENT OF MICHIGAN. 



left, more or less, so that all the other sections in the town- 
ship should contain just six hundred and forty acres, each. 
The sections are numbered, commencing at the northeast 
corner of the townships, and for convenience, are subdivided 
into quarters; and we frequently see lands described as a 
quarter of a quarter. 

The following is a plan of a township, the subdivisions 
representing sections: 



6 


5 


4 


3 


2 


1 

1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



The United States government gave to Michigan, section 
sixteen, in every township, of the public lands, for the use of 
schools, and in addition thereto, seventy-two sections for the 
support of the State University. 



GOVERNMENT OF MICHIGAN. 



35 



DIAGRAM OF A SECTION, SUBDIVIDED. 



* 



N. W. 1 Sec. 1. 
160 acres. 




E. i N. E. 4 

Sec. 1. 

80 acres. 




N.W. i S.-E.J 

Sec. 1. 
40 acres. 









Questions — What two lines were adopted as a basis for surveying 
the Territory of Michigan ? How was the Territory divided? How 
many miles square are the townships of Michigan ? In what way are 
the Townships designated? Will you make a diagram explaining 
this? How are the townships subdivided? How many sections are 
there in a township ? How are they numbered and designated ? Will 
you make a diagram explaining this ? How many acres are there in a 
full section ? How are the sections subdivided ? Are these subdivis- 
ions always uniform ? In what way are some of the subdivisions made 
fractional ? Will you illustrate the subdivisions of sections by a diaj 
gram ? What is said of a grant from the United States of certain lands 
to this State? 



36 GOVERNMENT OF MICHIGAN. 



CHAPTER XII. 



OF THE ORGANIZATION OF GOVERNMENT, AND THE EXERCISE OF 

SOVEREIGNTY. 

To enable the people to defend their rights and to do 
right and justice, they unite together in a body politic; and 
when the people are so united and have agreed upon certain 
rules by which they are to be governed, we speak of such 
union, in its most enlarged sense, as a State. Bouvier defines 
a State as follows : " In its most enlarged sense, it signifies a 
self-sufficient body of persons united together in one com- 
munity for the defence of their rights and to do right and 
justice to foreigners." 

In a more limited sense, a State means the territory oc- 
cupied by the united body of people, as, the State of Michigan. 

In many countries the rulers are sovereign; that is, they 
exercise control, authority and power as they see fit, regard- 
less of the wishes or consent of the governed. But in this 
country no single individual has the right to exercise this 
power. Here the people choose their rulers, and, by written 
constitutions, define and limit their powers and duties. 

Sovereignty, the supreme or highest power among men, 
in this country, resides in the people. This power, however, 
the people authorize their officers to exercise, and, having 
instituted a government, they have agreed to submit to and 
abide by certain rules and regulations; have conferred power 
upon their officers to enforce obedience to such rules and 
regulations. 



GOVERNMENT OF MICHIGAN. 37 

Government is defined as, " the manner in which sover- 
eignty is exercised in each State." 

In every State there is either some individual or body of 
men whose duty it is to see to the enforcement of the laws; 
and we sometimes refer to them as the government. 



Questions — What is a State, and for what purpose is it organized ? 
Give Bouvier's definition of a State. What is a sovereign ? With whom 
does sovereign power reside in this country? Who exercises the 
power of sovereignty in this country? In what way and by what 
authority are the people required to submit to the power we call 
sovereignty ? What is government ? In what other sense do we some- 
times use the word government ? 



CHAPTER XIII. 



OF LAWS AND THEIR NECESSITY RIGHTS AND DUTIES. 

The rules of action adopted for the government of the 
people, are called laws. Hence a law is that which commands 
us what to do and forbids the things we are not to do. 

The necessity for these rules or laws is apparent when w r e 
observe and consider the many differences and difficulties 
among men which arise either from mistakes, honest disagree- 
ments., want of judgment, or intentional misconduct or wrong. 
They are necessary, to indicate to us our duties as members 
of society, and to protect us in the enjoyment of our rights. 

A right is a legal title or a just claim to anything. We 
have a right to life, a right to our earnings, and a right to act 
as we please, and to go where we please, provided we do not 
interfere with the rights of others. 

These rights, however, are subject to certain restrictions or 



38 GOVERNMENT OF MICHIGAN. 

limitations and may be forfeited, or, when the public good 
requires it, may be taken from us. By violating the law we 
may forfeit our liberty and our property. If called upon to 
take up arms in behalf of the country, it is our duty to respond, 
and if needs be, to surrender our property and our lives. 

As children are dependent upon their parents, they owe 
them certain duties, not the least of which is obedience to 
their commands. So with the citizen, dependent upon the 
State for the protection of himself and his property; he is 
bound to observe the rules prescribed for his conduct. 



Questions — What are human laws? How is the necessity for 
law apparent? For what are laws necessary? What is a right? 
Mention some of our rights. To what are these rights subject ? How 
may we forfeit our liberty and property ? What duty do we owe the 
country ? State one of the grounds on which obedience is a duty. 



CHAPTER XIV. 



OF THE DIFFERENT FORMS OF GOVERNMENT CONSTITUTIONS, 

AND THE PURPOSE THEY SERVE. 

Different forms of government prevail in different coun- 
tries. In those countries where the power to govern and make 
the laws, is vested in one person, we call the government a 
monarchy, Where the great body of freemen assemble to- 
gether to make the laws and to transact the b siness of the 
State, we call the government a democracy. 

Where the chief magistrate gets his power to rule by 
inheritance, but has no power to make the laws, we call 
the government a mixed government, or a limited mon- 



GOVERNMENT OF MICHIGAN. 39 

archy. Such is the government of Great Britain. The laws 
are framed by Parliament, and when approved by the monarch 
become operative. 

Where the people enjoy common rights and privileges, 
but exercise the sovereign power by and through repre- 
sentatives elected by them, we call the government a republic. 
Every State in the American Union is a republic. 

A pure democracy and our American Republic differ in 
this, that in the former, the citizens assemble in a body to 
make the laws, while in the latter, the people choose repre- 
sentatives to act for them. Both are governments of the people 
and derive their powers from them. 

The form of government in each of the United States is 
represented by a written constitution. These constitutions 
are called the fundamental or political law. They are adopted 
as the agreement of the people — as the framework of the gov- 
ernment — and limit the power of the various departments. 

Any act of the Legislature or of any officer of the State 
which conflicts with any of the provisions of the constitution 
is invalid. Thus the people are protected against unjust 
enactments and usurpation of power by their public servants. 



Questions — Are the forms of government the same in all countries ? 
What is a monarchy ? What is a democracy ? What is a mixed gov- 
ernment or limited monarchy ? What form of government has Great 
Britain? What is a republic ? What form of government have the States 
of the American Union? Wherein consists the difference between a 
democracy and a republic ? From whence do republics and democ- 
racies derive the r r power? By what are the forms of government 
represented in the several States of this Union? By what names are 
constitutions sometimes called ? What is the object or purpose of con- 
stitutions ? How do they protect the people ? 



40 GOVERNMENT OF MICHIGAN. 



CHAPTER XV. 



GOVERNMENT OF MICHIGAN DIVISIONS OF THE POWERS OF 

GOVERNMENT. 

The powers of Government are divided into three depart- 
ments: the Legislative, Executive, and Judicial. 

The Legislative department is that which enacts the laws 
for the government of the people, and its power is vested in a 
Senate and House of Representatives. The Senate has thirty- 
two members, and the House of Representatives has one 
hundred members. 

These officers are elected by the people, from districts 
into which the State is divided, and hold their offices for two 
years. 

The Executive power of the Government is vested 
in a Governor, who is assisted bv such other officers as are 
necessary to carry out and execute the laws. Indeed, it is 
the business of this department to see to it that the laws are 
carried into effect. 

The Judicial department is that which administers justice 
according to the laws, and is composed of the different Courts 
of Justice. The Judges and Justices of the Peace are Judi- 
cial officers. 



Questions — Into how many departments are the powers of govern- 
ment divided? Name them. What is the Legislative department? 
How many members are there in each House ? How are such mem- 
bers elected ? How long do they hold their terms of office ? In whom 
is the Executive department vested ? What is the special duty of this 
department? What is the Judicial department? Of what officers is 
this department composed? 



GOVERNMENT OF MICHIGAN". 41 



CHAPTER XVI. 



ELECTION OF STATE, COUNTY, AND TOWNSHIP OFFICERS. 

In order that the government may be administered, it is* 
necessary that officers should be elected for that purpose. As> 
the duties of some of these officers pertain to the whole State, 
we call them State officers; those whose duties are limited +o< 
the county, we call county officers; and those whose duties- 
are limited to, and pertain to the government of the town- 
ships, cities, and villages, we call township, city, or village 
officers, as the case may be. 

Once in two years, on the Tuesday succeeding the first 
Monday in November, a general election is held throughout 
the State, at which the people choose, by ballot, their Gover- 
nor, Lieutenant-Governor, Secretary of State, Superintendent 
of Public Instruction, State Treasurer, Commissioner of the 
Land Office, members of the State Board of Education, Audi- 
tor-General, Attorney-General, members of the Legislature, 
and Representatives in Congress, Sheriff, County Clerk, County 
Treasurer, Register of Deeds, Prosecuting Attorney, and Cir- 
cuit Court Commissioners; and once in four years, in addition 
to these, a Probate Judge, and Electors of President and 
Vice-President of the United States. The State is divided 
into nine districts, for the election of Representatives in 
Congress. 

On the first Monday in April, of each year, in each organ- 
ized township, the people elect a Supervisor, a Justice of the 
Peace, a Township Clerk, a Commissioner of Highways, a 
Township Treasurer, a School Inspector, not exceeding four 



42 GOVERNMENT OF MICHIGAN. 

Constables, and one Overseer of Highways for each highway 
district. 

Judges of the Supreme and Circuit Courts, Regents of 
the State University, and County Superintendents of Schools, 
are also elected at the April elections. 

In addition to these, elections are held in cities and vil- 
lages, of officers to discharge the duties required of them under 
the charter and by-laws of such city or village. 



Questions — In treating of the officers required to carry on the 
government, under what general classification do we refer to them ? At 
what time is the general election for the State and county officers held ? 
Name the officers elected at the general election. Into how many dis- 
tricts is the State divided for the election of Representatives in Congress ? 
At what time are township officers elected ? Name the township offi- 
cers. What other officers are elected at the spring election ? 



CHAPTER XVII. 



QUALIFICATIONS OF ELECTORS NATURALIZATION OF FOR^ 

EIGNERS. 

The right to vote is called the right of suffrage. 

Persons who have the right to make choice of public offi- 
cers, and to vote, are called electors. 

In all elections, every male citizen, every male inhabitant 
residing in the State, on the twenty-fourth day of June, 1835; 
every male inhabitant residing in the State, on the first day 
of January, 1850, who has declared his intention to become a 
citizen of the United States, pursuant to the laws thereof, six 
months preceding an election, or who has resided in the State 
two years and six months, and declared his intention as afore- 



GOVERXMEXT OF MICHIGAN. 43 

said, and every civilized male inhabitant of Indian descent, a 
native of the United States and not a member of any tribe, 
shall be an elector and entitled to vote; but no citizen or 
inhabitant shall be an elector or entitled to vote at any election 
unless he shall be above the age of twenty-one years, and 
have resided in this State three months, and in the township 
or ward in which he offers to vote ten days next preced- 
ing such election. Provided, that in time of war, insurrec- 
tion, or rebellion, no qualified elector in the actual military 
service of the United States, or of this State, in the army or 
navy thereof, shall be deprived of his vote by reason of his 
absence from the township, ward, or State in which he resides; 
and the Legislature shall have the power, and shall provide 
the manner in which, and the time and place at which, such 
absent electors may vote, and for the canvass and return of 
their votes to the township or ward election district in which 
they respectively reside, or otherwise. 

Persons born in other countries are called aliens; and to 
become citizens must be naturalized. To accomplish this, the 
person desiring to become a citizen must go before the Court 
or the clerk thereof, two years before he can be admitted as a 
citizen, and declare, on oath, in writing, that he intends to 
become a citizen of the United States, and to renounce his 
'allegiance to his former government; and he must declare on 
oath that he will support the Constitution of the United States. 
Then, two years thereafter, the Court, if satisfied as to his 
moral character and loyalty, and that he has resided in the 
United States for five years, and in the State or Territory 
where the Court is held, for one year, may admit him as a 

citizen. 

Persons residing within and under the jurisdiction of the 

United States, at any time between the 18th of June, 1778, 



44 GOVERNMENT OF MICHIGAN. 

and April 14, 180*2, and who have continued to reside therein,, 
are exempt from the provisions of the preceding paragraph. 

Any alien being a minor, who arrives in the United 
States when not over eighteen years of age, and continues to 
reside therein, may, after he arrives at the age of twenty-one 
years, and after he shall have resided five years within the 
United States, be admitted as a citizen, without having made 
the usual declaration three years previous to his admission; 
but this declaration must be made at the time of his admis- 
sion, and he must declare to the Court on oath, and prove that 
for three years next preceding, it has been his intention to 
become a citizen of the United States. 

When an alien, who shall have complied with the provis- 
ions of paragraph four, of this chapter, relative to declaring 
his intention, may die before being naturalized, his widow 
and children shall be considered citizens of the United States, 
and entitled to all the privileges as such, upon taking the oath 
prescribed by law. 

Aliens having borne any hereditary title, or been of any 
of the orders of nobility in the Kingdom or State from which 
they came, must re?iounce such title, or order of nobility, before 
they can be admitted as citizens of the United States. 

When at war with other nations, the United States Gov- 
ernment will not admit to citizenship, the citizens, subjects, 
or denizens of such nation. 

As to the provisions of law concerning aliens residing in 
the United States prior to 1812, the student is referred to the 
abstract of the laws of the United States, to be found at page 
2245, of the Compiled Laws of Michigan. 

The children of naturalized persons, being under the age 
of twenty-one years at the time of their parents being natu- 
ralized, shall, if dwelling in the United States, be considered 
as citizens thereof. 



GOVERNMENT OF MICHIGAN. 45 

Children of persons who are or have been citizens of the 
United States, though born elsewhere, are considered as citi- 
zens of the United States. 

Any alien, of the age of twenty-one years and upwards, 
who has enlisted or shall enlist in the armies of the United 
States, either the regular or the volunteer forces, and has been, 
or shall be hereafter, honorably discharged, maybe admitted to 
become a citizen of the United States, upon his petition, 
without any previous declaration of his intention to become a 
citizen of the United States ; and he shall not be required to 
prove more than one year's residence within the United 
States previous to his application to become such citizen ; and 
the Court admitting such alien, shall, in addition to such 
proof of residence and good moral character, as is now pro- 
vided by law, be satisfied, by competent proof, of such person 
having been honorably discharged from the service of the 
United States as aforesaid. 

Aliens may be admitted to citizenship by any Court of 
Record having common-law jurisdiction, and a seal, or clerk 
or prothonotary. 



Questions — What is the right to- vote called? Who are called 
•electors 1 Who are electors in Michigan ? What is an alien ? How 
are aliens naturalized ? What is said of residents of the United States 
between June 18th, 1778, and April 14th, 1802? Of alien minors who 
arrive in this country while under the age of eighteen years ? Of the 
widow and children of aliens who die before being fully admitted to 
citizenship ? Of aliens having hereditary titles, or belonging to orders 
of nobility ? When will certain aliens not be admitted ? What is said 
of the minor children of naturalized persons ? Of children of Ameri- 
can citizens, born in other countries? What is said of the naturaliza- 
tion of persons who LavG enlisted in the military service of the United 
States, and been honorably discharged? In what Courts may aliens 
be admitted to citizenship \ 



46 GOVERNMENT OF MICHIGAN. 



CHAPTER XVIII. 



ELECTIONS HOW CONDUCTED CHALLENGE OF PERSONS* 

OFFERING TO VOTE. 

At the general election, the Supervisor, the Justice of the 
Peace whose term of office will first expire, and the Township 
Clerk of each township, and the Assessor and Alderman of each 
ward in a city, or if in any city there be not an Assessor in 
every ward, then the two Aldermen of each ward, shall be the 
inspectors of election. These officers constitute a Board. 

The Township Clerk, assisted by some other person, acts 
as clerk of the election. He provides a box with an opening 
in the lid, through which each ballot received must be inserted, 
and keeps two lists of the names of all persons voting at the 
election. The ballot consists of a paper ticket on which is. 
written or printed the names of the persons for whom the 
voter intends to vote, and the offices to which the persons 
named on the ballot are intended to be chosen. The person 
offering to vote delivers his ballot to one of the inspectors, in 
the presence of the Board. 

The inspectors or any elector qualified to vote at the- 
election, may challenge any person offering to vote ; that is, 
may object to such person voting, on the ground that he has 
not the legal qualifications entitling him to vote. When such 
a challenge is made, one of the inspectors administers an oath 
or affirmation to the person challenged, and if such person 
shall swear or affirm that he is qualified, his vote must be 
received. The form of the oath, or affirmation, must be such: 
as to contain the grounds of the voter' Sl qualification. Thus,, 



GOVERNMENT OF MICHIGAN. 47 

if he is a citizen of the United States, is twenty-one years of 
age, and has resided in the State and township or ward during 
the time required by law, the form of the oath is: 

" You do solemnly swear [or affirm] that you are twenty- 
one years of age; that you are a citizen of the United States; 
that you have resided in this State three months next pre- 
ceding this day, and in the township (or ward, as the case may 
be) ten days next preceding this day, and that you have not 
voted at this election." 



Questions — What officers constitute the inspectors of election? 
Who acts as clerk of the election ? What is the clerk required to pro- 
vide and to do in relation to the election ? What is a ballot ? In what 
way do electors vote ? What is meant by challenging a person who 
offers to vote ? In what way do the inspectors determine whether a 
person challenged is qualified to vote ? 



CHAPTER XIX. 



OF ELECTIONS, CONTINUED — CANVASS OF VOTES AND RETURN OF 

STATEMENTS. 

When the polls are closed, the ballots are examined ana a 
statement of the result is prepared in duplicate, and certified 
to by the inspectors. One of these statements is filed with 
the township or city clerk, and the other is delivered to one of 
the inspectors designated by the Board, to attend the county 
canvass, to be delivered to the county clerk. 

The inspectors so designated, from the different towns in 
the county, meet at the office of the county clerk, on the 
Tuesday next after the election, and organize themselves into 



48 GOVERNMENT OF MICHIGAN. 

a Board of Canvassers, and proceed to examine the statements 
sent from the inspectors. 

Sometimes a county has more than one Senatorial or 
Representative district. In such case each district has a 
Board of Canvassers, so far as the canvass relates to Senators 
and Representatives, consisting of the inspectors representing 
the towns in such districts. 

The County Canvassers are required to make a separate 
statement, containing the whole number of votes given in 
such county for the State officers, and the names of the per- 
sons for whom such votes were given, and the number of votes 
given for each; another, of the votes given for Representative 
in Congress. Copies of these statements are sent to the Gov- 
ernor, Secretary of State, and State Treasurer; and the result 
of the canvass for members of the Legislature is certified to, 
and delivered to the persons elected. 



Questions — When the polls are closed, how are the votes can- 
vassed ? Who constitute the Board of County Canvassers ? What are 
their duties? State how the votes are canvassed for Senators and 
Representatives where the district is less than a whole county. To 
what persons are the results of the canvass sent? 



CHAPTER XX. 



OF ELECTIONS, CONTINUED PROCEEDINGS IN CASE OF TIE 

VOTE CANVASSERS CONSTITUTIONAL A M E X DM ENT8. 

In each election district, for the election of a Senator or 
Representative, or where, in elections for county officers or 
members of the Legislature, two or more persons receive an 



GOVERN MEXT OF MICHIGAN. 49 

equal number of votes for the same office, as many strips of 
paper as there are such persons, are prepared, and on one of the 
strips is written the word " Elected," and on the others " Not 
Elected." These are placed in a box and each of the afore- 
said persons draws one of the slips therefrom, and the person 
drawing the slip on which is the word " Elected," is deemed 
elected to the office in question. 

In each election district, of a Senator or Representative, 
in the State Legislature, the limits of which are greater than 
those of a county, there is a Board of District Canvassers, com- 
posed of the clerks of the several counties within the district, 
the Judge of Probate and the Sheriff of the county in which 
the meetings of the Board are held. The result of their can- 
vass is filed with the clerk of the county where their meeting 
is held, and such clerk sends a copy thereof to the Secretary 
of State, and another copy to the person elected. 

The Secretary of State, the State Treasurer, and the 
Commissioner of the State Land Office constitute the Board 
of State Canvassers. These canvassers determine from the 
returns sent by the county clerks, who are elected State offi- 
cers and Representatives in Congress, to whom the Secretary 
of State sends certificates of election. They also determine 
who are elected Electors of President and Vice-President. 

The Legislature sometimes proposes amendments to the 
constitution, and submits them to the people, who at the general 
election vote thereon. The State canvassers determine the 
vote of the people, on such measures. 

Questions — In the election of county officers and members of the 
Legislature, what course is pursued when two or more persons receive 
an equal number of votes for the same office ? Who compose the 
board of canvassers, where the limits of the Senatorial and Represen- 
tative districts are greater than a county ? What disposition is made 
with the statement of the result of the canvass in such cases ? What 

officers constitute the Board of State Canvassers ? What are their duties ? 
4 



50 GOVERNMENT OF MICHIGAN. 



CHAPTER XXI. 



HOW THE PRESIDENT AND VICE-PRESIDENT OF THE UNITED 
STATES ARE ELECTED. 

The people do not vote directly for President and Vice- 
President of the United States, but the voters of each Statue 
choose a number of men equal to the number of Senators and 
Representatives to which it is entitled in Congress. These 
are called Presidential Electors. The State of Michigan is 
entitled to two Senators and nine Representatives in Con- 
gress. Hence we choose eleven Electors. 

These Electors convene at the State Capitol, on the first 
Wednesday in December next after the election, -and vote for 
President and Vice-President, and make a list of the persons 
voted for, and the number of votes for each, which is sent to 
the President of the United States Senate. 

On the second Wednesday of February, the President 
of the Senate, in the presence of all the Senators and Repre- 
sentatives, opens all the certificates, and the votes are counted. 
The persons having a majority of all the Electoral votes for 
President and Vice-President are declared elected. 

In case a person receives a plurality of the Electoral 
votes for President, but not a majority, the House of Repre- 
sentatives elects a President. 

Suppose there are three candidates for the office, and 
that of the 359 electoral votes, one candidate should receive 
150 votes, another 130 votes, and the other 79. Now, a ma- 
jority of 359 cannot be less than 180 ; consequently neither 
would be elected. In such case the House of Representatives 



GOVERNMENT OF MICHIGAN. 51 

would elect a President, the members of each State voting by 
themselves, and the candidate receiving a majority of the 
Representatives of a State, has one vote for such majority ; 
that is, there are as many Presidential votes as there are 
States, and the person who receives the votes of a majority of 
the States is elected. 

If the Electors fail to elect a Vice-President, the Senate, 
in a body, chooses one from the two having the highest num- 
ber of Electoral votes. 



Questions — How do people vote for President and Vice-President 
of the United States? To how many Presidential Electors is the 
State of Michigan entitled ? What is done with the statement of the 
vote of the electors ? When and where is the vote of the various 
States counted and the result declared ? In case no person receives a 
majority of all the votes cast for President, how is the President 
elected? What is the difference between a plurality and a majority? 
In case the Electors fail to elect a Vice-President, how is that officer 
elected ? 



CHAPTER XXII. 



OF THE LEGISLATIVE DEPARTMENT ITS POWERS AND DITTIES. 

We have already seen how Senators and Representatives 
in the State Legislature are elected. 

The Legislative power is vested in a Senate and House 
of Representatives. 

Senators and Representatives must be citizens of the 
United States, and qualified electors in the respective Counties 
and Districts which they represent. 

The Legislature meets every two years, at the State 



52 GOVERNMENT OF MICHIGAN. 

Capitol at Lansing, on the first Wednesday in January. The 
room in which the Senators meet is called the Senate Cham- 
ber, and the room in which the Representatives meet is called 
the Representative Hall, or Hall of Representatives. 

Every Senator and every Representative takes an oath 
to support the Constitution of the United States, and the 
Constitution of the State of Michigan, and that he will faith- 
fully discharge the duties of his office, according to the best 
of his ability. 

A majority of each House constitutes a quorum. Each 
House determines the rules of its proceedings, and judges of 
the qualifications, election, and returns of its members- 
Each House keeps a journal of its proceedings, and publishes 
the same, except such parts as may require secrecy. The 
yeas and nays, that is, the way in which members vote on any 
question, must be entered on the journal, at the request of 
one-fifth of the members elected. The House of Representa- 
tives chooses one of its members to preside over it, who is 
called a Speaker. The Lieutenant-Governor is the presiding 
officer in the Senate, and is called a President. 

The presiding officer preserves order, and sees that the 
business of the House is properly attended to. When a 
question is to be decided, the presiding officer " puts it to 
vote ; " that is, requests the members to express their judg- 
ment *in favor of or agai*nst the measure. Those who favor 
the measure, say " aye / " those who oppose it, say " no." 

The officers of the Senate consist of a President, Secre- 
tary, Assistant Secretary, Sergeant-at-Arms, Assistant Ser- 
geant-at-Arms, Engrossing and Enrolling Clerk, Assistant 
Engrossing and Enrolling Clerk, Janitors, Clerks of Commit- 
tees, and Messengers. 

The officers of the House of Representatives consist of a 
Speaker, Clerk, Corresponding Clerk, Journal Clerk, Engross.- 



GOVERNMENT OF MICHIGAN. 53 

ing and Enrolling Clerk, Assistant Engrossing and Enrolling 
Clerk, Clerks of Committees, Sergeant-at-Arms, Assistant 
Sergeant-at-Arms, and Messengers. A Postmaster, Firemen, 
Assistant Firemen, and Keepers of the Cloak Room, are 
employed by both Houses. 



Questions — In what bodies is the Legislative power vested? 
What are the qualifications of members of the Legislature ? At what 
times does the Legislature meet? Name the Kooms in which the two 
Houses meet. What oath do members take ? What body fixes the 
rules governing the Legislature, and determines the qualifications of 
its members ? What record is kept by the Legislature ? What officers 
preside over the Legislature ? What are the duties of the presiding 
officers ? Name the officers of the Senate. Name the officers of the 
House. 



CHAPTER XXIII. 



OF THE ENACTMENT OF LAWS ELECTION OF UNITED STATES 

SENATORS. 

When the two Houses are organised and ready for 
business, the Governor presents to them his message. This 
is a written statement of the condition of the State, and calls 
attention to such subjects as the Governor thinks need legis- 
lation. 

The presiding officers of the respective Houses usually 
appoint committees, to whom are referred the different sub- 
jects presented for the consideration of the Legislature. 
Sometimes, however, committees are elected by the House or 
Senate, instead of being appointed by the presiding officer. 
These committees consider and report upon the matters 



54 GOVERNMENT OF MICHIGAN. 

referred to them. In the Senate there are now thirty-nine of 
these committees, and in the House, forty. 

Were it not for these committees it would be almost 
impossible to transact all the business presented to the Legis- 
lature. Some measures are presented by the Governor and 
others by the members. The people sometimes want a law 
passed, and procure a paper to be drawn up, containing their 
wishes, which is called a petition, and send it to the Legisla- 
ture. Now suppose this petition asks the Legislature to pass 
a law in regard to education ; the petition is referred to the 
Committee on Education. If the petition relates to insur- 
ance, it is referred to the Committee on Insurance, and so on. 
Sometimes members or others, draw up bills which they desire 
to have passed by the Legislature. A bill is a draft of a 
proposed law ; or it may be defined as " an instrument pre- 
sented to a legislative body for its approbation, and enact- 
ment." These bills are referred to the appropriate commit- 
tees. If the bills so referred are considered proper and 
necessary, the committee report in favor of them and recom- 
mend that they be passed — that is, enacted into a law. 

These committees frequently draft bills and report them 
to the House. If a committee reports against a measure 
referred to them, the House generally concurs with their 
recommendation and dismisses the subject. 

If a member of either house desires the passage of a law r 
he gives notice that on some future day he will ask leave to 
introduce a bill for that purpose. But in all cases, at least 
one day's notice must be given of his intention to ask such 
leave. 

It is not deemed necessary to state here all the particular 
forms through which a bill must pass before it can become a 
law. It is perhaps sufficient to say that, after it has been dis- 
cussed and amended, a final vote is taken on the question : 



GOVERNMENT OF MICHIGAN. 55 

" Shall the bill pass ? " If a majority of the members vote 
" aye," it ^s passed ; if not, it is lost. 

When a bill is passed by one house, it is sent to the other, 
when it is duly considered and voted upon. If it passes that 
house, without amendment, it is sent to the Governor for his 
approval ; and if he approves it he attaches his signature and 
it becomes a law. 

If a bill is amended in the second house, it is sent back to 
the house where it originated ; and when both houses finally 
agree, the bili is sent to the Governor. 

If the Governor does not approve the bill, he declines to 
sign it, and returns it with his reasons for withholding his 
approval, to the house where it originated. This act of the 
Governor is called his veto, which is a Latin word, meaning, 
I forbid. Notwithstanding the veto, if two-thirds of the 
members of both houses shall, thereafter, approve the bill, it 
becomes a law. 

If any bill be not returned by the Governor within ten 
days, Sundays excepted, after it has been presented to him, it 
becomes a law, as if he had signed it, unless the Legislature, 
by their adjournment, prevent its return ; in which case it 
does not become a law. 

The Governor may approve, sign, and file in the office of 
the Secretary of State, within five days after the adjournment 
of the Legislature, any act passed during the last five days 
of the session ; and the same thereupon becomes a law. 

The Legislature elect United States Senators. Each 
State is entitled to two Senators, who are elected for the term 
of six years. 

Questions — When the two houses of the Legislature are organ- 
ized, what duty does the Governor perform? What is said of the 
appointment of committees? How many committees has the Senate? 
How many committees has the House of Representatives ? What are 



56 GOVERNMENT OF MICHIGAN. 

the duties of these committees? What is a bill? When a bill is 
introduced, what course is usually pursued with reference to 4t? In 
case a member wishes to introduce a bill, what does he do? When a 
bill is passed in one house, what is done with it? How can a bfM 
become a law when the Governor refuses to approve it ? State what 
becomes of a bill if not returned by the Governor within ten days 
from the time it is presented to him. In case of an adjournment 
before all the bills passed have been returned by the Governor, how 
may they become effectual as laws? What members of Congress do 
the Legislature elect? 



CHAPTER XXIY. 



EXECUTIVE DEPARTMENT DUTIES OF THE GOVERNOR AND 

OTHER OFFICERS. 

The Executive department is vested in the Governor, who, 
in the discharge of his duties, is assisted by a number of sub- 
ordinate officers. 

A person to be eligible to the office of Governor or Lieu- 
tenant-Governor, must have been a citizen of the United 
States for at least five years, and a resident of this State two 
years next preceding his election, and must be thirty years of 
age or upwards. 

The Governor and Lieutenant-Governor are elected for 
two years. 

The Governor is Commander-in-Chief of the military and 
naval forces of the State, and may call out such forces to exe- 
cute the laws, to suppress insurrections, and to repel invasions. 
He transacts all necessary business for the State with the offi- 
cers of the government. He may convene the Legislature «n 
extraordinary occasions. 



GOVERNMENT OF MICHIGAN. 5? 

He informs the Legislature of such measures as he deems 
expedient. 

He may grant reprieves, commutations, and pardons fc 
all offenses except treason and cases of impeachment. If a 
person has been found guilty of an offense and is sentenced 
to be punished, the Governor has power to postpone or put 
off the time when the punishment shall commence. This 
is called a reprieve. If he should set the person free and 
discharge him from punishment, this would be called a 
pardon. 

By commutation is meant the change of a punishment to 
"which a person has been condemned, into a less severe one. 

The Lieutenant-Governor is, by virtue of his office, Presi- 
dent of the Senate, and in case of the impeachment of the 
Governor, his removal from office, death, inability, resignation, 
or absence from the State, the duties of the office devolve upon 
the Lieutenant-Governor. 

The Secretary of State is an executive officer. It is his 
duty to countersign all commissions issued by the Governor. 
The original acts of the Legislature are deposited with him. 
He is to furnish laws for publication; to distribute the stat- 
utes; to give notice of vacancies to be filled at a general 
election; to record statements of votes transmitted by County 
Clerks, and the statement of State Canvassers; to issue cer- 
tificates of election to United States Senators; to record deeds 
and other evidences of title in the State; to countersign State 
bonds and certificates, and to discharge many other duties 
prescribed by law. 



Questions — In whom is the executive department vested? What 
are the qualifications for Governor ? For how long a term are Governor 
and Lieutenant-Governor elected? What is the Governor's relation to 
the military and naval forces of the State ? Enumerate other powers 



58 GOVERNMENT OF MICHIGAN. 

and duties of the Governor. What is a Reprieve ? Pardon ? Com- 
mutation? What are some of the duties of Lieutenant-Governor? 
Mention some of the duties of Secretary of State. 



CHAPTER XXV. 



OF STATE OFFICERS AND THEIR DUTIES, CONTINUED AUDITOR- 
GENERAL STATE TREASURER COMMISSIONER OF THE 

LAND OFFICE SUPERINTENDENT OF PUBLIC INSTRUCTION 

ATTORNEY- GENERAL. 

The Auditor-General may be called an executive officer. 
Among the many duties he is required to perform, the follow- 
ing may be mentioned : He is to state accounts and liquidate 
claims against the State; to adjust claims in favor of the 
State; to keep accounts between the Treasurer and the State; 
to report to the Legislature upon the funds of the State; to 
estimate and charge specific tax on corporations, and to issue 
warrants for the collection thereof; to apportion the State tax, 
and to make out and transmit to the clerks of Boards of Super- 
visors statements of amounts apportioned to counties. 

The State Treasurer has charge of the public moneys that 
are paid into the State Treasury. It is his duty to make a 
report to the Legislature, embracing a statement of the bal- 
ance in the Treasury to the credit of the State, with a summary 
of the receipts and payments made by the Treasury. 

The Commissioner of the State Land Office has the s:en- 
eral charge of all lands belonging to the State, or in which it 
has an interest; and he is authorized to lease, sell, and dispose 
of the same in the manner prescribed by law. 

The Superintendent of Public Instruction has the general 



GOVERNMENT OF MICHIGAN. 59^ 

supervision of public instruction in the State, and of the 
State Reform School. It is his duty to transmit to the Gov- 
ernor, to be by him transmitted to the Legislature, a report 
containing, 

First. — A statement of the condition of the University 
and of all incorporated literary institutions and primary schools. 

Second. — Estimates and amounts of expenditures of the^ 
school moneys. 

Third. — Plans for the improvement and management of 
all educational funds, and for the better organization of the 
educational system, if, in his opinion, the same be required. 

Fourth. — The condition of the Normal School. 

Fifth. — The annual reports and accompanying documents, 
as far as he shall deem the same of sufficient public interest, 
of the Board of Control of the State Reform School. 

He is required to publish the school laws, and to furnish 
necessary forms for conducting proceedings under such laws; 
to apportion the school fund, and to do many other acts pro- 
vided for by law. 

The Attorney-General is the law-officer of the State. The: 
following are some of his duties : 

He is to prosecute and defend for the State, in actions in 
the Supreme Court, and in other courts, when directed so to 
do by the Governor or the Legislature ; to prosecute and defend 
suits on request of State officers; to consult with and advise 
Prosecuting Attorneys; to appear for the State before State 
Auditors. 



Questions — Mention some of the duties of the Auditor-General. 
Of the Commissioner of the State Land Office. Of Superintendent of ' 
Public Instruction. Of the Attorney-General. 



60 GOVERNMENT OF MICHIGAN. 



CHAPTER XXVI. 



OF STATE BOAKDS AND COMMISSIONERS. 

The word Hoard is used to designate a body of persons 
whose duty it is to manage or control some institution, or to 
discharge certain specific duties. 

Provision has been made by law for the establishment of 
various Boards, to discharge duties in which the people of the 
whole State are more or less interested. 

It is frequently the case that for the discharge of particu- 
lar duties, a single person is employed, called a Commissioner. 
If two or more are employed, we refer to them as a Board, or 
Board of Commissioners. Some of these Commissioners are 
appointed by the Governor, others are elected by the people, 
while some of them are designated by name, in the law creating 
the office and prescribing the duties thereof. 

The various State Boards are, with few exceptions, com- 
posed of State officers, who, in addition to their other duties, 
are required by law to act together in managing and control- 
ing certain public interests. Some of these Boards are 
appointed by the Governor. Among the various Boards pro- 
vided for by law, w r e may mention the Board of Agriculture, 
which has charge of the Agricultural College and its interests; 
the Board of Canvassers, established to examine the statements 
of votes received by the Secretary of State, for State officers, 
Representatives in Congress, and Presidential Electors; the 
Board of Control for the Reform School for juvenile offenders; 
the Board of Control, to have the charge of the canals in the 
Upper Peninsula; the Board to take charge of lands given to 



GOVERNMENT OF MICHIGAN. 61 

the State by Congress, for railroads; the Board to have the 
charge of the State Public School at Cold water; the Board of 
Education, to have charge of the State Normal School; the 
Board of Equalization, to see that the money or tax to be 
raised for State purposes is fairly and equitably levied through- 
out the State; the Board of Regents, who are elected by the 
people, and who have charge of the State University; the 
Board of State Auditors, whose duty it is to examine and 
adjust claims against the State; the Board of Escheats, to take 
charge of the property, for the State, of those who die with- 
out a w r ill and without heirs; the State Military Board, to 
audit claims of a military character; the Boards having con- 
trol of our Asylums. 

Among the many Commissioners employed to discharge 
public duties in this State, we may mention Commissioners to 
make settlement, on the division of counties; to examine secu- 
rities of insurance companies, and to see that they comply 
with the provisions of law; to procure information and statis- 
tics relative to the scientific treatment and cure of the victims 
of intemperance; to see that railroad companies comply with 
the laws, rules, and regulations established for their manage- 
ment. 

For the benefit of those who desire a more particular 
statement, concerning the various State Boards and their 
duties, a note is appended to this chapter. 



Questions — What is meant by the word Board, as used in this 
lesson? For what purposes are Boards established'? Who generally 
constitute the State Boards V Mention some of the State Boards and 
their duties. Mention some of the Commissioners and their duties. 

Note.— The State Board of Agriculture consists of six members, besides the 
Governor of the State, and the President of the State Agricultural College, who are 
by virtue of their office, members of the Board. The members of this Board are 
appointed by the Governor. They meet quarterly at the State Agricultural Colleges 



62 GOVJMNMEKTT OF MICHIGAN. 

at Lansing; they have the general control of the Agricultural College, the farm per- 
taining thereto, and of the lands belonging to the College, and of all appropriations 
made therefor. The Secretary of the Board is paid a salary of one thousand dollars 
per annum. He is required to keep a record of the transactions of the Board; to 
encourage such domestic industry and household arts as are calculated to promote 
the general thrift, wealth, and resources of the State; the formation of agricultural 
societies, the importation of improved breeds of horses, cattle, sheep, hogs, and 
other animals, and to procure and distribute seeds, plants, trees, and shrubbery. 

The Secretary of State, the State Treasurer and Commissioner of the State 
.Land Office, constitute a Board of State Canvassers. It is the duty of this Board to 
examine the statements received by the Secretary of State, of the votes given in 
the several counties, and make a statement of the votes given for the State officers, 
Representatives in Congress, Presidential Electors, and the votes given for consti- 
tutional amendments, and in relation to banking laws. 

The Governor, Secretary of State, Auditor-General, Treasurer, Attorney-Gen- 
eral, and Commissioner of the State Land Office, constitute a Board of Control for 
the reclamation of swamp lands by means of State roads and ditches. The Legis- 
lature having made provision for the drainage of certain swamp lands belonging to 
the State, by the construction of roads with proper ditches and drains, at the 
expense of the State, the Board of Control was organized to direct and control such 
work. 

Board of Control for the Reform School. — AHouse of Correction, known as the 
Reform School, for the correction of offenders under sixteen years of age, ; s located 
at Lansing. This institution is under the control and supervision of a Board con- 
sisting of three persons appointed by the Governor. 

About twenty years ago (1854-5), a ship-canal was constructed at Sault Ste. 
Marie, to facilitate the passage of vessels going to and returning from Lake Supe- 
rior. This canal is under State control, and a Board, consisting of the Governor, 
State Treasurer, and Auditor-General, has been created by law, to have charge of 
this public improvement. The Governor appoints a Superintendent, who has 
the immediate charge of the canal, and who collects tolls from vessels passing 
through it. 

On the third day of June, 1856, Congress granted to this State a large quantity 
of lands for railroad purposes. A Board to manage and dispose of all lands appro- 
priated for the construction of railroads, and to do any and all other acts necessary 
and proper respecting the construction of said railroads, which may be prescribed 
by law. consisting of the Governor and six Commissioners appointed by him, has 
been provided for. 

In 1871, the Legislature provided for the establishment of a School for dependent 
and neglected children. This school has been established at Coldwater, and is 
under the management of a Board, consisting of three persons appointed by the 
Governor, called a Board of Control of the State Public School. 

A State Normal School has been established at Ypsilanti, for the instruction of 
persons, both male and female, in the art of teaching. Also to give instruction in 
the mechanical arts, and in the arts of husbandry and agricultural chemistry; in 
the fundamental laws of the United States, and with regard to the rights and duties 
of citizens. This school is under the control of a Board of Education, consisting 



GOVERNMENT OF MICHIGAN. 63 

of three persons, elected by the people, in addition to the Superintendent of Public 
Instruction, who is a member and Secretary of the Board. 

State Board of Equalization. For the purpose of raising money to support the 
Government, a levy is made upon all the property of the State, and a certain per 
cent, of its value is required to be paid. For this purpose the lands and personal 
property of all the people are appraised, and this appraisal is certined to, and sent 
to the Auditor-General by the clerks of the dine rent counties. In order that the 
money or tax to be raised for the State may be levied upon all the property of the 
State fairly and equitably, a Board of Equalization has been established, consisting 
of the Lieutenant-Governor, Auditor-General, Secretary ot State, State Treasurer, 
and Commissioner of the Land Office, It is the duty of this Board to examine the 
statements sent to them, from the different counties, and to determine whether the 
relative valuation between the several counties is equal and uniform, according to 
location, soil, improvements, productions and manufactures, and whether the per- 
sonal estates have been uniformly estimated. If they are found to be relatively 
unequal, they equalize them by adding to or deducting from the aggregate valuation 
of taxable rea^and personal estate in such county or counties, such percentage as 
will produce relative equal and uniform valuations between the several counties in 
the State. 

The State Treasurer, Auditor-General, and Secretary of State, constitute the 
Board of Fund Commissioners. The statute creating this Board, makes it their 
-duty, when there is more money in the treasury than is necessary to pay the current 
expenses of the State, and She interest on its indebtedness, to pay a portion of the 
principal indebtedness. A more recent statute, however, confers power upon the 
Treasurer to make payment upon the indebtedness of the State, whenever he shall 
have a surplus of money. 

The Governor, Superintendent of Public Instruction, and the President of the 
State Board of Education, constitute a Board of Geological Survey. They have 
control of the geological survey of the State, and for that purpose, may, from 
time to time, appoint such person or persons to assist in making such survey as may 
T}e deemed necessary. 

For the management and control of the State University, eight Regents are 
elected by the people, who have power to enact ordinances, by-laws, and regulations 
for the government of the University; to elect a president, to fix, increase, and 
reduce the regular number of professors and tutors, and to appoint the same, and to 
determine the amount of their salaries, and to do such other business as may be 
necessary for the management and control of the L'niversity. 

The Board of Commissioners for the general supervision of penal, pauper, and 
reformatory institutions, consists of three members appointed by the Governor. 
It is their duty to visit the city and county poor-houses, county jails, Reform 
School, State Prison, Detroit House of Correction, State and County Asylums for 
the insane, and the deaf, dumb, and blind, to ascertain the condition of such insti- 
tutions, and how they are conducted and managed. They are to report to the Gov- 
ernor the result of their investigations. They are also to report to the Governor 
such changes in the penal and criminal laws and the laws concerning these institu- 
tions, as they think are proper. The Governor may appoint one or more females to 
visit the institutions above referred to, and investigate the treatment and provision 
made for women and children. 



64 GOVERNMENT OF MICHIGAN. 

The Secretary of State, State Treasurer, and Commissioner of the State Land' 
Office, constitute the Board of State Auditors. It is their duty to examine and 
adjust all elaims against the State, not otherwise provided for by general law. 

The Board of State Swamp Land Road Commissioners consists of two members, 
appointed by the Governor. These Commissioners superintend the letting of all 
contracts upon State swamp land roads, or reject contracts made by the local com- 
missioners. They are to inspect the work of contractors on the swamp roads; to 
examine into all trespasses on swamp lands of the State, and to prosecute therefor 
and collect damages for such trespasses. The Board of Commissioners are to report 
to the Board of Control, and in some respects are subordinate to them. 

Whenever any person dies without having made a will, and without any legal 
heirs, the property of such person is escheated to the State. Escheat means a thing 
fallen to. Thus, w r hen there is no relative to take the property of one who dies, his 
property falls to the State, or is escheated to the State. The Auditor-General. State- 
Treasurer, and Secretary of State, constitute a Board of Trustees to take charge and 
dispose of, for the State, all such property. 

The Superintendent of Public Instruction appoints, every two years, two per- 
sons as a Board of Visitors, whose duty it is to make personal examination into the= 
state and condition of the University in all its departments and branches, at least- 
once in each year, and to report the result to the Superintendent, suggesting such- 
improvements as they may deem important. 

The Board of Education appoint a similar Board, consisting of three persons, 
to examine into the affairs of the Normal School, and to report to the Superin- 
tendent. 

A ship-canal has been constructed across Keweenaw Point, in the Upper Pen- 
insula, from Portage Lake to Lake Superior, known as the Portage Lake and Lake^ 
Superior Ship Canal, and by law, the Governor, Auditor-General, and State Treas- 
urer, are constituted a Board of Control to establish and regulate tolls on the canal r 
and to make suitable rules and regulations regarding the care and improvement of 
the same, and to appoint a Superintendent to have charge of it. 

The Board of Fish Commissioners consists of two persons appointed by the 
Governor. It is the duty of the Board to supervise generally the fishing interests, 
and secure the enforcement of all laws relating to the protection of fish and fish eriet 
in the State. They are to establish a State fish-breeding establishment, for the 
artificial propagation and cultivation of fish; and to appoint a Superintendent to 
take charge of the raising of fish at the fishery. 

The State Military Board consists of the Inspector-General and two persons 
appointed by the Governor, who hold their office for two years. The Board is an 
advisory body to the Commander-in-Chief. It is their duty to audit all claims of a 
military character against the State, and to make rules and regulations for the gov- 
ernment of the State troops. 

The Board of Trustees of the Michigan Asylum for the Insane, and also the 
Board of Trustees of the Michigan Asylum for the Deaf, Dumb, and Blind, consists 
of three persons each appointed by the Governor. These institutions and the prop- 
erty thereof, are under the control of these Trustees^. 



GOVERNMENT OF MICHIGAN. 65 



CHAPTER XXVII. 



OF COUNTIES AND COUNTY OFFICERS. 

As it would be impossible for the State officers whose 
duties we have considered, to transact all the public business 
necessary for the people, the State has been subdivided into 
smaller portions of territory, each of which has a government, 
not inconsistent with that of the State. Of these subdivisions, 
the largest, for the purposes of government, are counties. The 
counties usually embrace about sixteen townships each. 

Most of the county officers are elected by the people, and 
consist of a Probate Judge, Sheriff, Clerk, Treasurer, Register 
of Deeds, Prosecuting Attorney, County Surveyor, two Coro- 
ners, Superintendent of Schools, and Circuit Court Commis- 
sioners. In some of the larger counties, two Circuit Court Com- 
missioners are elected. Three Superintendents of the Poor are 
elected by the Board of Supervisors. There may be elected 
in each county, inspectors of beef and pork, butter and lard, 
fish, flour and meal, leather, and pot and pearl ashes. 

A Board of Supervisors is established in each county, 
consisting of one member from each township, and where 
there are cities within the county, such cities are entitled to as 
many Supervisors as may be p»escribed by the Legislature. 

The Probate Judge and Inspectors hold their offices for 
four years; Superintendents of the Poor, for three years; and 
other county officers for two years. Supervisors, who are 
properly township officers, hold their office for one year. In 
the county of Wayne there is a Board of Auditors, consisting 
of three persons, who hold their office for three years. 
5 



66 GOVERNMENT OF MICHIGAN. 

Each county has a county-seat; that is, a place where the 
public business of the county is transacted. A court-house, a 
jail, and fire-proof offices are necessary at the county-seat. 

Supervisors are elected at the annual township meeting 
in April, in each township, and at the Spring election in cities. 
These Supervisors, in addition to the duties they perform in 
their respective townships and cities, constitute a Board to 
transact business in which all the people of the county are in- 
terested. They accordingly meet at the court-house, at the 
county-seat, on the second Monda}' of October, in each year, 
and at such other times as may be necessary. They have 
power to purchase land for the use of the county, or to author- 
ize the sale of lands belonging to the county; to cause to be 
built necessary buildings for the use of the county; to borrow 
money, or raise by tax money for the use of the county in 
making improvements authorized by law; to prescribe and fix 
the compensation for all services rendered for, and adjust all 
claims against their respective counties; to provide for the 
raising of money to defray the current expenses of the county; 
to make such laws and regulations as they may deem neces- 
sary for the destruction of wild beasts, of thistles and other 
noxious weeds, within their counties; to authorize town- 
ships to borrow or raise by tax any sum of money, not exceed- 
ing one thousand dollars, in any township, in any one year, to 
build or repair any roads or bridges in such township or town- 
ships; to divide their county into representative districts equal 
to the number of representatives to which such county is by 
law entitled; to divide or alter in its bounds any township, 
and to erect new townships; to equalize and correct the 
assessment for taxes; to apportion the state and county taxes 
between the several townships, and to do many other things 
prescribed by law. 

The Board of County Auditors of Wayne Countv have 



GOVERNMENT OF MICHIGAN. 67 

all the powers of Boards of Supervisors in the other counties, 
except in relation to taxes. 



Questions — Yv T hat are the largest subdivisions of the State, for 
the purposes of government? How many townships are usually 
embraced in a county? Name the county officers. What board is 
established in each county? For what length of time are county 
officers elected ? In addition to the Board of Supervisors, what board 
is established in the county of Wayne ? What do we call the place 
where the public bushes of the county is transacted ? What public 
buildings are required at the county-seat? At what times do the 
Board of Supervisors meet ? Mention some of their powers and duties. 
What powers have the Board of County Auditors of Wayne County ? 



CHAPTER XXVIII. 



OF COUNTY OFFICERS COUNTY TREASURER JUDGE OF 

PROBATE PROSECUTING ATTORNEY COUNTY CLERK 

SHERIFFS. 

It is the duty of the County Treasurer to receive all 
moneys belonging to the county; and. to pay the same out in 
the manner provided by law. Some of the money received 
by him belongs to the State ; this he pays over to the State 
Treasurer. Some of it is paid out to the county officers for 
their salary, and some of it to the officers and jurors who 
attend the courts. The moneys received by him for the use of 
the county, he pays out on the orders of the Board of 
Supervisors. 

The Judge of Probate holds his court at the county-seat. 
His duties will be noticed when considering the Judicial 
Department. 

It is the duty of the Prosecuting Attorney to prosecute 



68 GOVERNMENT OF MICHIGAN. 

or defend all suits in the county, in which the State or county 
is a party. It is his duty to prosecute those who commit 
crimes within his county; to give opinions, where the State or 
county may be a party in interest, when required so to do by 
any of the civil officers in the discharge of their duties, relat- 
ing to the interest of the State or county. The Board of 
Supervisors fix the salary of the Prosecuting Attorney. 

The County Clerk is, by virtue of his office, clerk of the 
Circuit Court, and keeps the records of papers pertaining to 
that Court. He is also clerk of the Board of Supervisors and 
of the County and District Canvassers. In addition to many 
other duties, he is required to keep a record of all the births, 
deaths, and marriages in his county. Articles of association 
of the different corporations within his county, and certificates 
of the formation of religious societies, are filed in his office 
and recorded by him. His salary is fixed by the Board of 
Supervisors, but in addition to this he receives fees fixed by 
law, for the discharge of most of the duties performed by 
him. 

The Sheriff has the charge and custody of the jails in his 
county; and of the prisoners of the same. Of the many duties 
he has to perform, we may mention his duty to execute and 
serve writs and orders directed to him by the courts; to attend 
the Circuit Court and preserve order therein; and to keep the 
public peace. The Sheriff appoints an Under-Sheriff and 
deputies to assist him in the discharge of his duties. His fees 
are fixed by law. 



Question*— What are the duties of the County Treasurer ? Where 
does the Judge of Probate hold his office ? What are the duties of the 
Prosecuting Attorney ? By whom is his salary fixed ? What are the 
duties of the County Clerk? What are the duties of Sheriff ? 



GOVERNMENT OF MICHIGAN". 69 



CHAPTER XXIX. 



OF COUNTY OFFICERS, CONTINUED CORONERS REGISTER OF 

DEEDS COUNTY SURVEYORS COUNTY SUPERINTENDENT 

OF SCHOOLS. 

It is the duty of a Coroner, when informed that a person 
has died suddenly, or from violence, to procure six men to act 
as jurors, and with them he is to investigate and inquire into 
the cause and circumstances of the death. This investigation 
is called a coroner } s inquest. 

Coroners are required by law to discharge the duties of 
sheriff, when the sheriff is a party interested. Their fees are 
fixed by law. 

The Register of Deeds provides, at the expense of the 
county, suitable blank books, which he keeps in his office at the 
county-seat, and in which he copies or records all the deeds, 
mortgages, and other papers which by law it is proper to 
record in his office, that may be presented to him. 

The object of recording these documents is that they may 
be preserved, and to give notice to all persons interested, of 
their existence. The Register of Deeds is paid for recording, 
by the hundred words. 

It is the duty of County Surveyors to make and execute 
any surveys within their counties that may be required by any 
court or by any person. These surveys are made to determine 
the location and boundary lines of lands, and when completed 
are entered in a record kept by the Surveyor for that purpose. 

It is the duty of the County Superintendent of Schools 
to examine all persons offering themselves as teachers for the 
public schools. He is required to grant certificates in such 



70 GOVERNMENT OF MICHIGAN. 

form as shall be prescribed by the Superintendent of Public 
Instruction, licensing as teachers all persons whom he shall 
deem qualified. 

The law provides that it shall be the duty of the County 
Superintendent, 

First. — To visit each of the schools in his county, at least 
once in each year; to examine carefully into the discipline 
and the modes of instruction, and into the progress and pro- 
ficiency ', of the pupils, and to make a record of the same; and 
to counsel with the teachers and district boards as to the 
course of studies to be pursued; and for the improvement of 
the instruction and discipline of the school. 

Second. — To note the condition of the school-houses and 
appurtenances thereto, and suggest plans for new school-houses 
to be erected, and for warming and ventilating the same, and 
the general improvement of school-houses and grounds. 

Third. — To inquire into the condition of district and 
township libraries, and to counsel, if necessary, for the better 
management of the same, and to see that the money collected 
from fines is devoted to the increase of such libraries. 

Fourth. — To promote by public lectures and teachers' 
institutes, and by such other means as he may devise, the 
improvement of the schools in his county, and the elevation 
of the character and qualifications of the teachers thereof. 

Fifth. — To counsel with teachers and school boards to 
secure the more general and regular attendance of the chil- 
dren in his county upon the public schools. 

The salary of the Superintendent is fixed by the Board 
of Supervisors. 

Questions — What are the duties of ^Coroners? Of Register of 
Deeds ? Of Surveyors ? For what purpose are surveys made ? What 
are the duties of County Superintendent of Schools in relation to 
teachers ? State his other duties as prescribed by law. 



GOVERNMENT OF MICHIGAN. 71 



CHAPTER XXX. 



OP COUNTY OFFICERS, CONTINUED CIRCUIT COURT COMMIS- 
SIONERS SUPERINTENDENTS OF COUNTY POOR NOTA- 
RIES PUBLIC INSPECTORS OF PROVISIONS AND OTHER 

MERCHANDISE. 

Circuit Court Commissioners are authorized to do many 
acts which, were it not for their assistance, the Judges would 
be required to do. It is frequently necessary, when the 
Courts are not in session, that orders should be made and 
duties performed affecting the interests of parties whose rights 
are to be determined by the Courts. These duties may be 
discharged by Circuit Court Commissioners. Testimony to 
be used before the Court in Chancery may be taken by a Cir- 
cuit Court Commissioner; and he may perform many other 
duties prescribed by law. 

It is the duty of the Superintendents of the County Poor 
to take charge of and provide for the wants of those who are 
unable to support themselves, and have no relatives able to 
support them. They have the control of the poor-houses 
erected by the county, for the use of the poor. 

Notaries Public are appointed by the Governor, by and 
with the consent of the Senate. They are authorized to take 
the proof and acknowledgment of deeds; to administer oaths; 
to take affidavits; to demand acceptance of bills of exchange 
and of promissory notes, and to protest the same for non- 
acceptance or non-payment. 

Inspectors of provisions and other merchandise are re- 
quired to examine and inspect the provisions and merchandise 



72 GOVERNMENT OF MICHIGAN. 

of those who keep and offer the same for sale, and to affix a 
brand or mark to such articles, indicating their quality, so that 
purchasers may be advised as to what they purchase. Thus, 
beef is divided into three sorts, " mess," " prime," and " cargo;" 
and pork into four sorts, "mess pork," "prime pork," " one- 
hog pork," and " cargo pork." 

When provisions or merchandise have been inspected and 
branded, it is deemed an offense to sell or offer for sale, under 
such brands, articles different from what such brands indicate. 



Questions — What are the duties of Circuit Court Commissioners ? 
Of Superintendents of the County Poor V How are Notaries Public 
appointed, and what are their duties? What are the duties of Inspec- 
tors of provisions and other merchandise ? Into how many grades is 
beef sorted ? Into how many grades is pork sorted ? 



CHAPTER XXXI. 



OF TOWNSHIPS AND TOWNSHIP OFFICERS SUPERVISOR TOWN- 
SHIP CLERK TOWNSHIP BOARD TOW T NSHIP TREASURER 

CONSTABLES. 

Each organized township has a government of its own, 
and its people elect officers to administer such government — 
to discharge certain duties for the good of all the people. 

The voters of a township may meet together and make 
such orders and by-laws for directing and managing the affairs 
of the township, as they shall deem most conducive to the 
peace, welfare and good order of the people. 

They may annex to such orders and by-laws suitable 
penalties, not exceeding ten dollars for any breach thereof. 

The law provides for the holding of annual meetings in 



GOVERNMENT OF MICHIGAN. 73 

each township, on the first Monday in April in each year, at 
which there is elected the following officers: One Supervisor; 
one Township Clerk; one Treasurer; one School Inspector; 
two Assessors, if the qualified electors present at the opening 
of the meeting shall so determine by vote; one Commissioner 
of Highways; so many Justices of the Peace as there are by 
law to be elected in the township, and so many Constables as 
shall be ordered by the meeting, not exceeding four in num- 
ber, and one Overseer of Highways for each road district, and 
as many Pound-Masters as the meeting shall direct. 

Justices of the Peace hold their terms of office for four 
years, Highway Commissioners for three years, and School 
Inspectors for two years. The other officers hold their offices 
for one year. 

The elections at township meetings are held in substan- 
tially the same manner as general elections. 

The Supervisor is required by law to prosecute for all 
penalties and forfeitures incurred within his township, and for 
which no other officer is specially directed to prosecute. He 
is the Assesssor of his township. 

The Township Clerk keeps the records and papers of the 
township, when no other provision is made by law; he kteeps 
the accounts of the Township with the Treasurer and with 
each of the several funds belonging to the Township; the 
minutes of the proceedings of the Township Board, and per- 
forms many other duties. 

The Supervisor, the two Justices of the Peace whose 
term of office will soonest expire, and the Township Clerk, con- 
stitute the Township Board. It is the duty of this Board to 
settle all claims against the township. 

It is the duty of the Township Treasurer to receive and 
take charge of all moneys which by law are to be paid into 
the township treasury. 



74 GOVERN MENT OF MICHIGAN. 

Constables are ministerial officers of Justices of the 
Peace. A ministerial officer is one who acts under the au- 
thority of a superior, and does what his superior orders him to do. 
Constables are also required to serve all warrants, notices 
and processes lawfully directed to them by the Township 
Board, or the Township Clerk, or any other officer. 



Questions — What is said of townships ? At what time is the 
annual township meeting held ? What officers are chosen at the annual 
meeting ? For how Ions: a time do the officers hold their offices ? How 
are the elections held ? What are some of the duties of the Super- 
visor? Of the Township Clerk? What officers constitute the Town- 
ship Board? What are the duties of the Township Treasurer? Of 
Oonstables ? 



CHAPTER XXXII. 



OF TOWNSHIP OFFICERS, CONTINUED COMMISSIONERS OF 

HIGHWAYS OVERSEERS OF HIGHWAYS SCHOOL INSPEC- 
TORS POUND-MASTERS. 

Commissioners of Highways have a general supervision 
und control of ail the highways and bridges in theirirespective 
townships. They are required to divide their townships into 
road districts, and to assign to each of the districts such of 
the inhabitants, liable to work on the highways, as shall reside 
in such district, or own lands therein; to require the Over- 
seers of Highways to have all persons assessed to work on the 
highways, and perform their labor thereon with such teams, 
carriages, sleds, or implements as said Commissioners, or any 
of them, shall direct. It is also their duty to lay out and 
establish all necessary roads, and to discontinue such old roads 
as have become unnecessary. 



GOVERNMENT OF MICHIGAN. 75 

Overseers of Highways are required to repair and keep 
in order the highways within their districts; to direct persons 
assessed to work on the highways to come and work; to cause 
the noxious weeds within the highways to be destroyed, and 
to execute the orders of the Commissioners. 

It is the duty of the School Inspectors to divide the 
township into school districts; they are to receive from the 
Treasurer of the township, the money appropriated for the 
township library, and to procure books for the library. They 
are also to act in conjunction with Inspectors of adjoining 
townships in the organization of school districts, lying partly 
in each of said townships. 

When domestic animals run at large, contrary to law, 
they may be driven to the township pound; and the keeper of 
such pound, called a Pound- Master, shall keep them until the 
owner calls for them, and pays him his fees and the expense 
of keeping such beasts, and the fees due the person driving 
them to the pound, for his trouble, and whatever damage they 
may have done to the person who causes them to be impounded. 



Questions — What are the duties of Commissioners of Highways? 
Of Overseers of Highways ? Of School Inspectors ? Of Pound-Masters ? 



CHAPTER XXXIII. 



CITIES AND VILLAGES. 



A city is a town where a large number of houses and in- 
habitants are established in one place, and which has been 
incorporated and is governed by a mayor and aldermen. 



76 GOVERNMENT OF MICHIGAN. 

A village is an assemblage of houses and people, less 
than a city, and not governed by a Mayor and Aldermen. 

There are some villages in Michigan much larger than 
some of the cities. 

Some of these villages are not incorporated ; while 
others, like cities, find it necessary, for the preservation of 
good order, and for the purpose of making those public 
improvements essential for the convenience and comfort of the 
people, to exercise powers of government not conferred upon 
townships, and therefore such villages become incorporated, 
and are governed by a President and Trustees. 

When we say a town is incorporated, we mean the peo- 
ple of that place have been, by law, united together and 
authorized to do and perform certain acts which, without such 
law, they could not do. 

The cities, and some villages, have a greater number of 
officers than the townships. This is necessary for the protec- 
tion of the people. 

Cities are subdivided into wards or districts, and officers 
are elected in each ward to perform certain public duties. 



Questions — What is a city? A village? Are all the villages in- 
corporated ? For what purposes are cities and villages incorporated ? 
What is meant by an incorporated town ? What is said of the number 
of officers ? How are cities subdivided ? 



GOVERNMENT OF MICHIGAN. 77 



CHAPTER XXXIV. 



OF THE MILITARY DEPARTMENT STATE TROOPS — r GENERAL 

OFFICERS ORGANIZATION OF REGIMENTS REGIMENTAL 

AND COMPANY OFFICERS. 

Able-bodied white male citizens, between the ages of 
eighteen and forty-five years, are, unless exempt by law, sub- 
ject to military duty. 

Ministers of the gospel, judges of the courts, members 
and officers of the Legislature ; officers and guards of the 
State Prison ; commissioned officers of the militia who have 
served six years ; State and county officers, (except notaries 
public,) teachers engaged in public institutions and schools ; 
keepers of poor-houses ; officers and attendants of the Michi- 
gan Asylum for the Insane, in time of peace ; firemen, and 
inspectors of provisions and merchandise, except in case of 
invasion and insurrection, are exempt from military duty. 

The officers acting as assessors in the several townships 
.and cities, on or before the first day of June in each year, are 
required to make out and send to the county clerk a list of the 
names of persons liable to do military duty. These lists con- 
stitute the enrolled militia of the State. 

The County Clerk is required to send to the Adjutant- 
General of the State the number of persons in his county, 
returned to him by the assessors. 

In case of war or threatened danger to the State or 
United States, from a foreign or domestic foe, the Commander- 
in-Chief (the Governor) may call out any portion or all of the 
enrolled militia. 



78 GOVERNMENT OF MICHIGAN. 

The enrolled militia are not subject to active military- 
duty, except in case of war, rebellion, invasion, the preven- 
tion of invasion, the suppression of riots, tumults, and breaches 
of the peace, and to aid civil officers in the execution of the 
laws and in the service of process. 

The active militia are composed of volunteers between 
the ages of eighteen and forty-five years, and are known as 
State troops, and in case the services of the military are 
needed, the State troops are first called out ; then, if more 
are needed, a call is made upon the enrolled militia for volun- 
teers, or by draft. 

The principal military officers provided for by law are, 
the Commander-in-Chief, one Adjutant-General, one Inspector- 
General, one Quartermaster-General, one Paymaster-General, 
and a State Military Board. These officers are appointed by 
the Governor. 

The Adjutant-General distributes orders from the Com- 
mander-in-Chief, and attends him when ordered, in the dis- 
charge of his duties. 

The Inspector-General has charge of the instruction and 
mustering of the State troops. 

The Quartermaster-General has charge of the public 
magazines, store-houses, arsenals, munitions of war, military 
stores and other military property of the State. 

The law forbids the organization of more than twelve 
volunteer companies of infantry, prior to January 1st, 1874, 
but provides that the number of companies may be increased 
at the rate of four companies in each year thereafter, until 
the number of twenty-four companies shall be reached ; be- 
yond which, in time of peace, there shall be no increase. 

The law provides that each regiment shall consist of a 
Colonel, a Lieutenant-Colonel, a Major, a Surgeon, an Assist- 
ant-Surgeon, a Chaplain, an Adjutant, a Quartermaster- Ser- 



GOVERNMENT OF MICHIGAN. 79 

geant, and not less than e.igbt nor more than ten companies ; 
each of which companies of infantry shall consist of a Cap- 
tain, a First-Lieutenant, a Second-Lieutenant, five Sergeants y 
eight Corporals, and not less than thirty-two nor more than 
seventy privates. 



Questions — Who are subject to military duty ? Who are exempt t 
How are the militia enrolled? To what officer do the County Clerks 
send the number of persons in their respective counties, liable to 
military duty? When may the enrolled militia be called into service ? 
When are the enrolled militia subject to active military duty ? Of 
whom are the active militia composed? In case the services of the 
military are required, what body is first called ? Mention the prin- 
cipal State military officers? What are the duties of the Adjutant- 
General? Of the Inspector-General? Of the Quartermaster-General? 
How many volunteer companies of infantry may be organized ? What 
officers are required for a regiment? How many companies in a 
regiment ? What officers are required for each company ? How many 
privates ? 



CHAPTER XXXY. 



OF THE JUDICIAL DEPARTMENT JUSTICES' COURTS JURIS- 
DICTION COMMENCEMENT OF SUITS INCIDENTS OF A 

TRIAL* 

As people often fail to agree with regard to their relative 
rights and duties, and as they sometimes violate their agree- 
ments with each other, and even violate and disobey those 
rules and regulations prescribed for their conduct, it is neces- 
sary that tribunals should be provided to administer justice, 
to determine and declare the rights of parties, to investigate 
and decide whether the laws are observed or violated, and to 



80 GOVERNMENT OF MICHIGAN. 

declare and pronounce judgment according* to law and the 
just deserts of the citizen. These determinations are called 
judicial. 

By the Constitution of this State, the Judicial power is 
Tested in one Supreme Court, in Circuit Courts, in Probate 
Courts, and in Justices of the Peace, filiinicijial courts with 
civil and criminal jurisdiction may be established by the 
Legislature in cities. 

Justices* Courts — Justices of the Peace are elected for 
four years. All civil actions, that is, where money is claimed, 
where the debt or damages claimed do not exceed one hun- 
dred dollars, must be brought before Justices of the Peace ; 
and where the amount claimed, in actions upon contract, 
exceeds one hundred, but does not exceed three hundred 
dollars, the action may be brought in the Circuit Court or in 
a Justice's Court ; but a Justice of the Peace has no authority 
to try actions for a disturbance of a right of way, or for libel, 
or slander, or for malicious prosecutions, nor where the title 
to land is in question, except in certain cases provided for by 
law. 

Actions may be brought before any Justice of the Peace 
of the city or township, 

First — Where the plaintiffs, or any of them, reside ; or, 

Second — Where the defendants, or any of them, reside ; or, 

Third — Before some justice of another township or 
city, in the same county, next adjoining the residence of the 
plaintiff or defendant, or one of the plaintiffs or defendants; or, 

Fourth — Before some justice of a city in the same 
county, formed from a township or townships next adjoining 
the residence of the plaintiff or defendant, or one of the 
plaintiffs or defendants. 

Persons having matters in difference between them, may 
go voluntarily before a justice and submit their cause ; but 



GOVERNMENT OF MICHIGAN. 81 

this is seldom done. Suits are usually commenced by process, 
namely, a summons, a warrant, an attachment, or writ of 
replevin. 

A justice's summons is a writing signed by the Justice 
and addressed to any Constable of the county in which the 
Justice resides, commanding him to summon the defendant to 
appear before the Justice at his office, at a certain time 
named, to answer unto the plaintiff. The officer is required to 
execute the summons, if the defendant be found, by reading 
it to him, and (if he require it) delivering him a copy ; but if 
the defendant be not found, the officer is required to leave a 
copy of the summons at the defendant's last place of abode, 
in the presence of some one of the family of suitable age and 
discretion, who shall be informed of its contents. 

An attachment, in addition to the summons, contains an 
order requiring the officer to seize the defendant's property. 
This, however, is not authorized, unless the plaintiff makes 
oath, in writing, that the defendant is doing or has done some 
act mentioned in the law, to defraud his creditors, or that he 
has absconded to the injury of his creditors, or does not reside 
in the State, and has not resided therein for one month imme- 
diately preceding the time of applying for the attachment ; or 
that he fraudulently contracted the debt, or incurred the obli- 
gation concerning which suit was brought. 

Where a person shows by affidavit that he has a claim 
against another for money collected as a public officer, or for 
damages arising from the misconduct or neglect of the 
defendant in any professional employment or public office, or 
that there was fraud or breach of trust / or where the defend- 
ant has committed a trespass or other wrong, or has incurred a 
penalty ox forfeiture for a violation of some law of this State, 
such person is entitled to a warrant from the Justice, which 
authorizes and requires him to arrest the defendant, and to 
6 



82 GOVERNMENT OF MICHIGAN. 

bring him forthwith before the Justice, to answer unto the 
plaintiff. 

In case a person has in his possession property which he 
has no right to keep, the person who has a right to it, if the 
property does not exceed in value one hundred dollars, may 
apply to a Justice for a writ to authorize the Constable to take 
and deliver such property to the plaintiff. The writ is called 
a writ of replevin, and after it is executed, the parties have a 
trial before the Justice, to determine who has the right to the 
possession of the property. If the plaintiff fails, he must 
return the property to the defendant, or pay him the value 
of it. 

In whatever way a suit is commenced, a trial must be 
had, to determine the rights of the parties. 

Either party may manage his own case before the Justice* 
or may have an attorney for that purpose. Before proceeding 
to the trial, the parties put in their pleadings ; th°,t is, make a 
statement of their claims. These statements are usually in 
writing. Making these statements we call, joining issue. 
When this is accomplished, the Justice proceeds to try the 
issue. Those persons who know about the matters in differ- 
ence between the parties, are called as witnesses. Before 
they are permitted to testify, they are required to take a 
solemn oath or affirmation to testify truthfully. The oath is 
administered, substantially as follows : 

The witness is required to raise his right hand, and the 
Justice then says : " You do solemnly swear that the testimony 
you shall give upon the trial of the issue now here joined, 
wherein John Doe is plaintiff and Richard Roe is defendant, 
shall be the truth, the whole truth, and nothing but the truth. 
So help you God." 

Some people think it wrong to take an oath. In such 
case, when they are required to give testimony, they affirm* 



GOVERNMENT OF MICHIGAN. 83 

The affirmation is administered by the Justice, as follows ; 
" You do solemnly and sincerely afnrm that the testimony you. 
shall give upon the trial of the issue now here joined, wherein 
John Doe is plaintiff and Richard Roe is defendant, shall be 
the truth, the whole truth, and nothing but the truth ; this 
you will do, under the pains &nd penalties of perjury." 

After the witnesses have made their statements, and 
answered all proper questions put to them, and the parties or 
their attorneys have argued the case to the Justice, he decides 
it, and records in a book kept for that purpose, called his 
docket, his judgment. 



Question* — For what purposes are judicial tribunals provided? 
In what courts is the Judicial power of the State vested ? What civil 
actions may be brought before a Justice of the Peace, and what not? 
Where may actions be brought before Justices of the Peace ? How 
are suits commenced ! What is a summons ? How is the summons 
to be executed? What does a writ of attachment contain? What 
must a plaintiff show in order to entitle him to a warrant against the 
defendant? What does the warrant require ? What is the office of a 
writ of replevin ? When this writ is executed, what is to be done in 
the suit? Who may conduct the trial? How do the parties join 
issue ? What proceedings follow the joining of issue ? Give the form 
of oath administered to witnesses. Of the affirmation. After the 
witnesses have been examined, what does the Justice do ? 



CHAPTER XXXVI. 



OF JURY TRIALS HOW JUDGMENTS ARE EXECUTED OR SATIS- 
FIED 

Whenever a suit is commenced before a Justice of the 
Peace, either party desiring it may have it tried by a jury. 



84 GOVERNMENT OF MICHIGAN. 

A jury in a Justice's Court consists of six men, who are 
required to sit together before the Justice and hear the proofs 
and allegations of the parties. They take an oath to dis- 
charge their duties faithfully. The Justice decides what testi- 
mony is proper to be submitted to the Jury. After the parties 
have introduced all their evidence, and have said, either in 
person or by attorney, what they desire to say to the Jury, by 
way of argument, the Jury, under the charge of a Constable, 
retire to another room and there talk the matter over and 
agree upon a decision ; and when they have thus agreed, they 
return into Court and inform the Justice what conclusion they 
have arrived at. This decision is called a verdict, and means 
a true saying. If the Jury fail to agree, the Justice calls 
another jury who proceed to try the case, unless the parties 
consent that the Justice may try it. 

When the Jurors have agreed upon their verdict, the 
Justice makes a record of their decision in his journal, and 
renders his judgment thereon. 

In procuring a jury, the Constable writes down the names 
of eighteen good men of the county, and each party strikes 
off or rejects six of the persons named on the list, and those 
whose names remain, constitute the Jury, who are summoned 
to appear before the Justice. 

The party who fails in the case, is required to pay to the 
other party his costs. 

After a judgment has been rendered in any case, it is 
necessary that it should be enforced. This is done by the 
CoMstable, who acts by authority of a written order issued by 
the Justice, called an execution. Suppose a judgment is 
rendered in favor of a party for a sum of money : the Justice 
issues his execution, in which he commands the Constable to 
levy upon the property of the party against whom the judg- 
ment was rendered, and to sell enough to pay the debt and 



GOVERNMENT OF MICHIGAN. 85 

costs, and to bring the money to the Justice to be paid to the 
party entitled thereto. 

If either party to a judgment rendered in a Justice's 
Court, feels that justice has not been done him, he may take 
an appeal to the Circuit Court. In such case the cause is 
tried in the Circuit Court as if it had been commenced there. 
A case may also be removed from a Justice's Court by certi- 
orari to the Circuit Court. This is done when a party thinks 
the proceedings, or some of them, before the Justice were not 
according to law. In such case a copy of the proceedings, 
together with a brief memorandum of the testimony, and the 
decisions of the Justice as to the admissibility of any pro- 
posed testimony, are sent to the Circuit Court. After inspect- 
ing the papers, if the Court thinks the Justice committed no 
error, his judgment is affirmed, but if the judgment was wrong, 
it is reversed. 



Questions — Of how many persons is a jury composed, in a Jus- 
tice's Court? What are the duties of juries? Yv r hat is their decision 
called? If the jury fail to agree, what course is pursued? What is 
the duty of the Justice when the verdict is rendered ? How are jurors 
procured? How are the judgments of the Justice enforced ? Is the 
judgment of the Justice final ? To what courts may causes be removed ? 
In what way? What course is pursued in the Circuit Court, where a 
cause has been appealed ? In case of removal by certiorari f 



CHAPTER XXXVII. 



OF PROCEEDINGS BEFOKE JUSTICES OF THE PEACE, IN CRIMINAL 

CASES. 

Justices of the Peace have power to hear and determine 
certain criminal cases. Among them may be mentioned, 



86 GOVERNMENT OF MICHIGAN. 

larceny, where the goods stolen are not worth more than 
twenty-five dollars; simple assault and battery; destroying, 
removing or injuring any milt-stone or mile-board, ov defacing 
any inscription or device upon, or doing injury to any guide- 
post or guide-board; maliciously killing, maiming or disfigur- 
ing any horses, cattle or other beast of any other person, or 
injuring or destroying other personal property, w T here the 
injury done does not exceed twenty-five dollars; destroying 
or breaking down monuments erected for the purpose of desig- 
nating boundary lines; for willfully defacing any building or 
sign-board; willful trespasses, and all other offenses punish- 
able by fine not exceeding one hundred dollars, or punishable 
by imprisonment in the county jail not exceeding three 
months, or punishable by both said fine and imprisonment. 

Upon complaint made to any Justice that any of the 
offenses that may be tried before him have been committed 
within the county, he is required to examine the person mak- 
ing the complaint under oath, and to reduce the complaint to 
writing, and have the complainant sign it. If it appear that 
an offense has been committed, he is required to issue his war- 
rant for the arrest of the person accused. On being brought 
before the Justice, the charge is read to him, and if he admits 
his guilt, the Justice at once renders judgment against him, 
which judgment fixes the penalty the prisoner is to pay or the 
imprisonment he must suffer. If he does not admit his guilt, 
the Justice proceeds to try him, unless he demands a trial by 
jury, in which case a jury of six men are summoned, as in 
civil cases, before whom the cause is tried. 

The Jury determine and decide whether the accused is 
guilty or not. If they find him guilty, they so declare, and 
the Justice proceeds to pronounce sentence — that is, to 
declare what punishment the person convicted shall suffer. 

In some cases the law fixes the precise penalty to be 



GOVERNMENT OF MICHIGAN. 87 

inflicted; but in most cases certain limits are fixed, within 
which the Justice may exercise his discretion. When the law 
provides that the punishment shall be by imprisonment, not 
exceeding ninety days, the Justice may fix the punishment at 
any length of time not exceeding ninety days. 

Justices of the Peace have no authority to try criminal 
cases where the offense is punishable by a fine exceeding one 
hundred dollars, or is punishable by imprisonment for more 
than ninety days. Nevertheless, a Justice has power to cause 
persons accused of offenses that he cannot try, to be arrested 
and brought before him ; and if, upon examining into the case, 
he has good cause to suspect that such an offense has been 
committed, and that the person accused thereof is guilty, he 
may require him to enter into bonds for his appearance at the 
next term of the Circuit Court (or if in the city of Detroit, at 
the next term of the Recorder's Court), and in case he fail or 
refuse to give such bonds, the Justice is required to make out 
a written order, called a warrant of commitment, which 
authorizes the Sheriff of the county to receive and keep the 
accused in the county jail to await his trial. 



Questions — Mention some of the offenses for which a Justice of 
the Peace may try a person accused. What is the limit of a Justice's 
jurisdiction with reference to the extent of punishment? When com- 
plaint is made to a Justice that an offense has been committed, for 
which he may try the accused, what is he required to do? May the 
accused be tried by Jury? If the Jury find the prisoner guilty, what 
is the Justice required to do ? Does the law generally fix the penalty, 
so as to leave no discretion on the part of the Justice ? What discre- 
tion is generally given to Justices, in regard to punishment? In rela- 
tion to those criminal cases which a Justice cannot try, what is his 
duty ? 



88 GOVERNMENT OF MICHIGAN. 



CHAPTER XXXVIII. 



PROBATE COURTS THEIR GENERAL DUTIES AND POWERS 

CIRCUIT COURTS AND SUPREME COURT THEIR DUTIES 

AND POWERS. 

The duties of Probate Courts pertain, chiefly, to the 
settlement of the estates of deceased persons, though some 
other powers are conferred on this Court by law. 

Persons often have reduced to writing what disposition 
they wish made of their property, and what they desire to be 
done after their deatn. This writing the person signs his 
name to, and at his request, two other persons sign their 
names to the instrument as witnesses. This instrument is 
called a will. A will, therefore, is " the legal declaration of 
a man's intentions of what he wills to be performed after his 
death." A will is sometimes called a testament. 

When a will is filed in the office of the Probate Judge, 
and he is informed of the death of the person who made it, 
he appoints a time for proving it, and if, at the time appointed, 
it appears to the Court that the testator was of sound mind, 
and that the will was executed according to law, he so decides, 
and thereupon makes out and delivers to the person desig- 
nated in the will for that purpose, or to some other suitable 
person, letters testamentary, or letters of administration* 
The person receiving such letters proceeds to take charge of 
the estate of the deceased, and after paying off debts, if he 
have any, and expenses of administration, disposes of the 
residue as provided for in the will. 

If a person die without having made a legal will, it is the 



GOVERNMENT OF MICHIGAN. 89 

duty of the Probate Court, when applied to for that purpose, 
to appoint some suitable person to take charge of and settle 
up the business and estate of the deceased. The person so 
appointed is called an Administrator. Probate Courts have 
power to appoint guardians for minors, to adjudicate and 
determine who are the heirs of deceased persons, in certain 
cases ; to entertain proceedings for the condemnation of lands 
for railroads, and to do and perform many other acts prescribed 
by law. 

Circuit Courts. — The State is divided into twenty judi- 
cial circuits, and a Circuit Judge is elected in each circuit, 
who holds his term of office for six years. 

Circuit Courts are held in each organized county at least 
twice in each year, and four times in each year in those coun- 
ties having ten thousand inhabitants. 

All civil actions and remedies of whatever name or 
description, and all prosecutions for crimes, misdemeanors, 
offenses and penalties, except in cases where by law some 
other court or tribunal has jurisdiction, are to be commenced, 
heard and determined in the Circuit Courts. 

Cases tried in Justices' Courts and proceedings had in 
Probate Courts may be appealed to the Circuit Courts. The 
Circuit Court has general supervisory jurisdiction over all 
inferior tribunals. 

Causes tried in the Circuit Court may, if either party 
desires it, be tried by a jury of twelve men. All criminal 
causes in the Circuit Court must be tried by a jury. 

The Circuit Courts have equity or chancery powers, and 
when acting as a court in what we call equity cases, we refer 
to it as the Circuit Court in Chancery. The courts of law are 
limited in their proceedings to certain actions, and according 
to certain rules. In most cases these actions and rules will 
enable the courts to do justice by the parties. But as in some 



90 GOVERNMENT OF MICHIGAN. 

cases justice cannot be done to the parties in any of the forms 
of action known to the courts of law, the case must be sub- 
mitted to a court not bound by such strict rules. 

The courts of law render a general judgment, that a 
party recover a certain sum of money, or the possession of 
certain property. The law then directs how that judgment 
shall be enforced. , 

The decision or determination of a Court of Chancery is 
called a decree. This decree, unlike a simple judgment, 
often contains qualifications, conditions and arrangements to 
be carried out in the future — such conditions and arrange- 
ments as, under the circumstances of the particular case, are 
just and equitable. 

Supreme Court. — This Court consists of four Justices, 
who hold their offices for eight years. The people elect one 
of these Justices every two years, at the Spring election. 

The one whose term of office first expires, acts as Chief 
Justice. 

The following will show the names of the present (1874) 
Justices of the Supreme Court, and the times at which their 
terms of office will expire : 

Benjamin F. Graves, December 31, 1875. 

Thomas M. Cooley, " " 1877. 

James V. Campbell, " " 1879. 

Isaac P. Chbistiaxcy, " " 1881. 

The Supreme Court has a general superintending control 
over all the other courts of the State, to prevent and correct 
errors and abuses therein. Where, for instance, a Circuit 
Court has determined a matter pending before it, and a party 
in interest conceives that in the investigation or determina- 
tion, the Court has erred in applying the rules of law, the 
case may be removed to the Supreme Court for review and 
•correction. 



GOVERNMENT OF MICHIGAN. 91 

In cases tried before the Circuit Court in Chancery, an 
appeal may be taken to the Supreme Court. In case persons 
are wrongfully restrained of their liberty, the Supreme Court 
has power to discharge them. If inferior courts refuse to dis- 
charge duties required of them by law, the Supreme Court 
nas power to compel them to proceed ; or, it may prevent 
"them from proceeding in a matter without legal authority. 

Where it is claimed that inferior courts or tribunals have 
proceeded in a matter different from the course prescribed by 
law, the Supreme Court may compel such court or tribunal to 
certify and send up its proceedings, and thereupon that Court 
may correct the error, if any has been committed. 

The Supreme Court holds four terms each year, at the 
Capital. 



Questions — To what do the duties of the Probate Court chiefly 
pertain ? What is a will ! What is the duty of the Probate Judge in 
relation to the proving of wills ? If a person die without a will, what 
is the duty of the Probate Court in relation to the property of the 
-deceased ? What are some of the other powers of Probate Courts ? 
Into how many judicial circuits is the State divided? What is the 
term for which Circuit Judges are elected ? How often are the Circuit 
Courts held in each organized county? W x hat is the jurisdiction of 
Circuit Courts? What is the number of jurors required to try a 
-cause in the Circuit Court? May criminal causes in the Circuit 
Court, be tried without a jury ? 

When is the Circuit Court said to be sitting as a Court of Chan- 
cery? What is the necessity or occasion for Courts of Chancery? 
What do we call the decision of a Court of Chancery? Wherein does 
it differ from a judgment in a Court of Law? Of how many justices 
is the Supreme Court composed ? Which Justice acts as Chief Jus- 
tice ? Nume the Justices and times when their terms of office will 
•expire* What is the general jurisdiction of the Supreme Court? 
Where are the sess'ons of the Supreme Court held? How many term3 
■of the Supreme Court are held each year? 



92 GOVERNMENT OF MICHIGAN. 



CHAPTER XXXIX. 



PUBLIC INSTRUCTION DISTRICT SCHOOLS SCHOOL OFFICERS, 

THEIR POWERS PENALTY FOR FAILURE TO SEND CHIL- 
DREN TO SCHOOL. 

The various townships of the State are divided into 
school districts, by School Inspectors. The district officers 
are a Moderator, a Director, and an Assessor. 

The voters of the district are required to meet together 
on the first Monday of September in each year, to elect a dis- 
trict officer, and to vote upon such other matters as may be 
legally brought before them. Other meetings may be called 
for certain purposes. 

The school officers hold their terms of office for three 
years ; the Moderator being elected one year, the Director the 
next year, and the Assessor the next, and so on. 

The persons qualified to vote at a school meeting are, all 
electors at a township meeting, and every person, three 
months a resident in the district, and twenty-one years of age, 
liable to pay a district tax, whether male or female. The 
voters at a regular school meeting may designate a site for a 
school-house, or may change such site by a similar vote. The 
voters also have power to direct the purchasing or leasing of 
such site ; also the building, hiring, or purchasing of a school- 
house ; but unless the number of children in the district, 
between the ages of five and twenty years, shall exceed fifty, 
no more than one thousand dollars shall be raised for such 
purpose in any one year. 

The Moderator, Director, and Assessor constitute the 
District Board. It is their duty to hire teachers ; to buy 



GOVERNMENT OF MICHIGAN. 93 

school books for poor children ; to determine what books shall 
be used in the schools ; to report to the Supervisor the amount 
of money to be raised by tax for the support of the school, 
and may establish all needful regulations for its management. 

By a special act of 1873, Berrien county has a County 
Board to prescribe, and contract for, uniform text-books 
throughout the county. 

School districts containing more than one hundred chil- 
dren between the ages of five and twenty years, may elect a 
District Board to consist of six trustees. Such trustees have 
power to classify and grade the scholars in their district, and 
cause them to be taught in such schools or departments as 
they may deem expedient / to establish a High School, when 
ordered by a vote of the district, and to perform such other 
duties as are usually performed by the District Board already 
mentioned. 

It is made, by law, the duty of parents and others having 
the charge of any child or children, between the ages of eight 
and fourteen years, to send such child or children, if able to 
attend, to a public school for a period of at least twelve weeks 
in each year ; and a failure to do so subjects them to a fine of 
not less than five nor more than ten dollars for the first 
offense, nor less than ten nor more than twenty dollars for the 
second, and every subsequent offense. 

Questions — Into what districts do School Inspectors divide town- 
ships? At what time is the annual district meeting held? For what 
purpose is it held ? Name the school officers and their terms of office. 
What are the qualifications of voters at a school meeting? Mention 
some of the powers of voters at a school meeting. Who constitute 
the District Board ? Mention some of their duties. What body pre- 
scribes text-books for the schools of Berrien county ? What is said of 
other districts ? What does the law require of parents and others in 
relation to sending children under their charge to school? What 
is the penalty for a failure to comply with the provisions of this law ? 



94 GOVERNMENT OF MICHIGAN. 



CHAPTER XL. 



THE STATE NORMAL SCHOOL STATE UNIVERSITY AGRICUL- 
TURAL COLLEGE STATE PUBLIC SCHOOL. 

State Normal ScJiool. — This was established and designed 
to prepare persons for teaching. 

After a person has attended the Normal School for 
twenty-two weeks, such person, if qualified, is entitled to a 
certificate to that effect from the Principal, to be approved 
by the Superintendent of Public Instruction. 

By an Act of the Legislature of 1871, it is provided that 
the State Board of Education may grant diplomas to such 
students as shall have completed the full course of instruction 
in the Normal School, and shall have been recommended by 
the Board of Instruction. 

The person receiving such diploma is entitled to a certifi- 
cate from the Board of Instruction, which shall serve as a 
legal certificate of qualification to teach in the primary schools 
of any township in this State. 

The Normal School is supported, in part, from the interest 
arising from moneys realized from the sale of twenty -five 
sections of land appropriated for its support in 1849. 

University of Michigan. — In 1826, Congress appropriated 
two entire townships of land for the establishment of a Uni- 
versity in Michigan. Soon after the State was organized, the 
University was established. 

The law provides that the University shall consist of at 
least three departments : 

1. A department of literature, science and the arts ; 

2. A department of law ; 



GOVERNMENT OF MICHIGAN. 95 

3. A department of medicine ; 

4. Such other departments may be added as the Regent 
shall deem necessary, and the state of the University fund 
shall allow. 

The number of professors employed in the University is 
from thirty-five to forty. The students in attendance each 
year, range from twelve hundred to fourteen hundred. 

The State Agricultural College. — This institution is also 
under the control of the State, and is, in part, supported by 
funds realized from the sale of lands granted for that purpose. 
It was established to afford thorough instruction in agriculture 
and the natural sciences connected therewith. 

Persons to be admitted into this school, must be over fif- 
teen years of age, and pass a satisfactory examination in 
arithmetic, geography, grammar, reading, spelling, and pen- 
manship. 

There is a farm connected with the institution, on which 
students are required to labor three hours in each day. 



Questions — For what purpose was the State Normal School 
established ? What is said of the granting of diplomas ? To what is 
the person receiving this diploma entitled? How is the Normal 
School supported ? What appropriations did Congress make for the 
establishment of a University in Michigan? Of what departments 
does the law require the University to consist? How many professors 
are employed in the University ? How many students usually attend, 
each year? For what purpose was the State Agricultural College 
established? What is required of applicants for admission? What is. 
required in regard to labor ? 



96 GOVERNMENT OF MICHIGAN. 



CHAPTER XLI. 



OF BENEVOLENT INSTITUTIONS. 

The State Public School for dependent and neglected chil- 
dren^ is located at Coldwater, and is supported by the State. 

The object in establishing this institution was to furnish 
temporary homes for dependent and neglected children; espe- 
cially those who have been abandoned by their parents or are 
orphans, or whose parents have been convicted of crime. The 
children in this school are educated in the branches usually 
taught in common schools. 

It is made the duty of the Board of Control to use all 
diligence to provide suitable places, in good families, for the 
children who are inmates of the school. 

The Michigan Institution for Educating Deaf and Dumb, 
and Blind persons is located at Flint, and is under the control 
of a Board of Trustees. 

Tuition and board are free to all candidates from this State; 
and where such persons, on account of poverty, are unable to 
furnish themselves with suitable clothing and other necessary 
expenses for attending the school, the Board of Trustees are 
authorized to render them assistance not exceeding forty dol- 
lars per annum, for each person, to be paid out of the State 
treasury. This institution is supported by the State. 

The Michigan Asylum for the Insane, located at Kala- 
mazoo, is also a State institution, under the control of a Board 
of Trustees, who appoint a medical superintendent and other 
officers. 

County Superintendents of the Poor, or any Supervisor 



GOVERNMENT OF MICHIGAN. 97 

of any city or town to which a person who is insane is charge- 
able, may send such person to the Asylum, and the expense of 
sending and keeping him there is paid by the town or county 
to which he is chargeable. 

When a person who is indigent, but not a pauper, be- 
comes insane, the Probate Judge may send him to the Asylum. 
In such case the county pays the expenses of his support. 

If a person who is an inmate of the Asylum, has means 
to enable him to do so, he is personally liable for his support 
in the Asylum. 

In 1873, the Legislature provided for the establishment 
of an additional asylum for the insane, and Pontiac has been 
selected as the place for its location. 

In most of the older counties, poor-houses have been 
erected, where persons unable to support themselves are kept 
and provided for at the expense of the county. In other 
counties they are supported at the expense of the townships. 



Questions — Where is the State Public School located ? For what 
purpose was this institution established? In what branches are the 
children in this school required to be educated ? What is required of 
the Board of Control, with respect to the care of the inmates ? Where 
is the Michigan Institution for Educating Deaf and Dumb, and Blind 
persons located ? On what terms are persons admitted who reside in 
this State ? What pecuniary aid may be rendered poor persons who 
attend this institution ? Where is the Michigan Asylum for the Insane 
located ? What officers are authorized to send to the Asylum insane 
persons who are paupers ? What officer may send insane persons who 
are indigent but not paupers ? How are the inmates of the Asylum 
supported ? What provision has been made for an additional asylum ? 
What provision has been made for poor persons ? 



98 GOVERNMENT OF MICHIGAN* 



CHAPTER XLII. 



PENAL AND REFORMATORY INSTITUTIONS. 

Penal and reformatory institutions have been found nec- 
essary for the punishment and reformation of those who com- 
mit crime. They are also necessary to restrain offenders and 
thereby deprive them of the opportunity or power to violate 
the law. 

A State prison has been established at Jackson where 
persons convicted of a higher grade of offenses — that is, those 
crimes that are considered most atrocious and wicked — are 
sent by the Courts for punishment. The prisoners are re- 
quired to labor and are taught some of the mechanical trades. 

The prison is under the direction of three Inspectors, ap- 
pointed by the Governor. The officers of the prison consist 
of an agent, who is principal keeper of the prison, a clerk, a 
physician and surgeon, a chaplain, a deputy keeper, and a 
number of assistant keepers. 

The Reform School at Lansing is designed for the refor- 
mation of boys, who, between the ages of ten and sixteen 
years, are convicted of crime. 

Persons sent to this institution are sentenced to remain 
there until they are twenty-one years of age ; but the Board 
of Control have power to discharge them at any time when 
satisfied of their reformation, or, when their presence in the 
school is prejudicial to the discipline thereof, may send them 
back to the Court for punishment in some other institution. 

The design of the Reform School is not so much for pun- 
ishment, as reformation; and the persons sent there are disci- 



GOVERNMENT OF MICHIGAN, 99 

plined, instructed, employed and governed, in such a way as 
shall tend to make them good citizens. 

The Detroit House of Correction was built by the city of 
Detroit; but by a law of the State, the Beard of Supervisors 
of any county may make an agreement with the Common 
Council or agent of the city of Detroit, for the confinement of 
persons convicted of crimes which would otherwise subject 
them to imprisonment in the County Jail, in the House of 
Correction. In such case the county where the person is con- 
victed pays the city of Detroit for keeping the prisoner. 

All females convicted of offenses, except murder, which 
would, under the general provisions of law, subject them to 
imprisonment in the State Prison, are sent to the Detroit 
House of Correction. 

In 1871, the Legislature authorized the establishment by 
the county of Jackson, of a House of Correction, similar to 
the one established in Detroit. 

In each of the organized counties in this State, the law 
provides for the erection of jails for the detention of persons 
accused of crime until they can be tried, and for the punish- 
ment of such as are convicted of minor offenses. 

Prisons are also established in cities and villages, for the 
confinement of those who violate the by-laws and ordinances. 



Where is the State Prison located? What class of offenders are 
confined there ? What officers control the prison ? Where is the Re- 
form School located ? What persons are sent to this school ? What 
authority has the Board of Control in relation to the custody of the 
inmates? What is the design of the Reform School? What is said of 
the Detroit House of Correction? In what institution are female 
offenders incarcerated? What is said of jails? Of prisons, in cities 
and villages ? 



100 GOVERNMENT OF MICHIGAN. 



CHAPTER XLIIL 



ASSESSMENT AND COLLECTION OF TAXES. 

A tax is a contribution which individuals are required to 
make for the use or service of the State. 

Since it is the duty of the Government to protect and 
defend the people in the enjoyment of their property, it is but 
just that those who have the most property should pay the 
largest tax. 

As a basis for taxation, the value of all the real and per- 
sonal property in the State, except such as the law exempts^ 
is estimated, and a certain percentage of its value is required 
to be paid as a tax, by the owner, or persons in the possession 
of such property. 

The following property is exempt from taxation : Two 
hundred and fifty dollars' worth of household furniture ; fifty 
dollars' worth of spinning and weaving looms and apparatus ; 
all arms required to be kept by law, and the clothing of every 
person or family ; one hundred and fifty dollars' worth of 
library books, school books, and all family pictures ; to every 
householder, fifteen sheep, with their fleeces, and the yarn and 
cloth manufactured therefrom ; two cows, five swine, and food 
upAfu&l sufficient for the family for six months ; a hundred 
dollars' worth of musical instruments ; property of the United 
States and of this State ; all public or corporate property of 
counties, cities, villages, townships, and school districts \ the 
personal property of all library, benevolent, charitable, and 
scientific associations, incorporated within this State, and 
lands belonging to or leased by such institutions and occu- 
pied by them ; churches, and church property, and places 



GOVERNMENT OF MICHIGAN. 101 

of burial ; and the personal and real estate of persons who. 
by reason of hifirmity, age or poverty, may, in the opinion of 
the Supervisor, be unable to contribute towards the public 
charges. 

When a tenant, paying rent for real estate, shall be taxed 
therefor, he may retain, out of his rent, the taxes paid by him 
for the same, unless there be an agreement to the contrary. 

It is the duty of the Supervisor, who acts as Assessor, on 
or before the first Monday in May, of each year, to call upon 
each person in his township, liable to be taxed, and leave with 
him a blank form on which to make o~ut statements of the 
taxable property in his possession ; after which the Supervisor 
is required to take the list and set down the value of the 
property embraced in the statement, and deduct from the 
moneys at interest and other credits of such person, the 
amount of money upon which he or she pays interest, together 
with his or her other indebtedness. 

On the third Monday of May, and the two following 
days, persons who are not satisfied with the assessment as 
made by the Supervisor, may appear before him and show 
cause why the valuation shouid be changed. If satisfied he 
has committed an error, it is his duty to make the proper 
correction. 

After all needed corrections are made, the Supervisor 
makes out an assessment roll, containing the names of the 
resident persons liable to be taxed ; a full description of the 
real estate of such persons ; the number of acres in each tract 
or parcel, and the aggregate valuation of the personal estate 
of such person, liable to be taxed, as appears from the state- 
ments in the possession of the Supervisor. 

Lands not occupied and not claimed to be owned by any 
one living in the township are set down and assessed as non- 
resident lands. 



102 GOVERNMENT OF MICHIGAN. 

The Township Clerk who keeps the records of the town- 
ship meetings, and of the meetings of the Township Board, 
and w T ho keeps files of all orders and votes for raising moneys 
in his township, furnishes the Supervisor with a statement of 
the amount of money proposed to be raised, and for what pur- 
poses. This statement the Supervisor gives to the County 
Clerk, who is clerk of the Board of Supervisors. 

At their meeting in October, the Board of Supervisors 
ascertain whether the valuations in the diiferent towns and 
cities are relatively equal. If they are not they correct them. 

The Auditor-General of the State apportions the State tax 
equitably among the several counties, and notifies the County 
Clerks of the amounts required from their respective counties. 
The Boards of Supervisors apportion the taxes required for 
county purposes among the townships. In this way the County 
Clerk is enabled to determine just how much money is to be 
raised in each township for taxes, and informs the Supervisor, 
w T ho then assesses the taxes against the individual valuations 
of property on his assessment roll, specifying what such taxes 
are required for. This list the Supervisor delivers to the Town- 
ship Treasurer, who collects the tax. 

If persons against whom a tax is assessed, refuse or neg- 
lect to pay the same, provision is made by law to sell so much 
of their property as may be necessary for that purpose; and if 
the tax assessed against non-resident lands shall not be paid, 
such lands may be sold to pay the same. 

Under our statutes, State, county and township taxes upon 
real estate, become a lien upon the land from the first Monday 
in December of the year in which they are assessed, and not 
before; and as between seller and purchaser under a war- 
ranty deed, the obligation is upon the purchaser to pay the 
taxes for the current year where the conveyance is prior to 
that date, and upon the vendor, where it is subsequent. 



GOVERNMENT OF MICHIGAN. 103 

'Questions — What is a tax? What is the basis for taxing prop- 
erty ? What property is exempt from taxation ? What remedy has a 
tenant who is taxed for the property he rents ? In what way does the 
Assessor ascertain what property is to be assessed for taxation? What 
provision is made for correcting the Assessor's estimates of value? 
What does the assessment roll contain ? How are unoccupied lands, 
not claimed by any one in the township, assessed? How does the 
Clerk of the Board of Supervisors ascertain what is proposed to be 
raised as a tax for township purposes? How are the valuations of 
property in the different townships equalized? What officer appor- 
tions the State tax among the counties ? What body apportions the 
county tax among the townships? In what way is the Supervisor 
informed of the amount of tax to be raised in his township ? What 
apportionment does the Supervisor make ? What officer collects the 
tax? In case the tax is not paid, how may the tax be collected? 
When do the taxes assessed become a lien upon the land ? What is 
said of the obligations of the sellers and purchasers of land, as to the 
payment of taxes ? 



CHAPTER XLIV. 



TITLE TO EEAL PROPERTY BY DESCENT. 

When any person shall die seized of any lands, tenements, 
or hereditaments, or of any right thereto, or entitled to any 
interest therein, in fee simple, or for the life of another, not 
having lawfully devised the same, they shall descend, subject 
to his debts, in manner following: 

First — In equal shares to his children, and to the issue of 
any deceased child by right of representation; and if there 
be no child of the intestate living at his death, his estate shall 
descend to all his other lineal descendants; and if all the said 
descendants are in the same degree of kindred to the intestate, 



104 GOVERNMENT OF MICHIGAN. 

they shall share the estate equally; otherwise they shall take 
according to the right of representation. 

When we say " property descends in equal shares to 
a deceased person's children, and to the issue of any deceased 
child by right of representation," we mean that the issue of 
the deceased child take the share that would have belonged to 
such child had he been living. Thus a person dies leaving 
three children, and three grandchildren, the issue of a deceased 
child. Each of the three living children would take one fourth 
of the estate, and each of the grandchildren one twelfth. The 
three grandchildren thus represent or stand in the place of 
the deceased child, and hence we say, " they take by right of 
representation." 

Inheritance, or succession, by "right of representation," 
takes place when the descendants of any deceased heir take 
the same share or right in the estate of another person that 
their parent would have taken if living. Posthumous children 
are considered as living at the death of their parents. 

Second — If he shall leave no issue, his estate shall 
descend to his widow during her natural lifetime, and, after 
her decease, to his father; and if he shall leave no issue or 
widow, his estate shall descend to his father; 

Third — If he shall leave no issue, nor widow, nor father, 
his estate shall descend in equal shares to his brothers and 
sisters, and to the children of any deceased brother or sister, 
by right of representation: Provided, That if he shall leave 
a mother also, she shall take an equal share with his brothers 
and sisters ; 

Fourth — If the intestate shall leave no issue, nor widow, 
nor father, and no brother nor sister living at his death, his 
estate shall descend to his mother, to the exclusion of the 
issue, if any, of deceased brothers or sisters ; 

Fifth — If the intestate shall leave no issue nor widow, 



GOVERNMENT OF MICHIGAN. 105 

and no father, mother, brother, nor sister, his estate shall 
descend to his next of kin in equal degree, excepting that 
when there are two or more collateral kindred in equal degree, 
but claiming through different ancestors, those who claim 
through the nearest ancestor shall be preferred to those claim- 
ing through an ancestor more remote: Provided however, 

Sixth — If any person shall die leaving several children,. 
or leaving one child, and the issue of one or more other 
children, and any such surviving child shall die under age, and 
not having been married, all the estate that came to the 
deceased child by inheritance from such deceased parent shall 
descend in equal shares to the other children of the same 
parent, and to the issue of any such other children who shall 
have died, by right of representation ; 

Seventh — If, at the death of such child who shall die 
under age, and not having been married, all the other children 
of his said parent shall also be dead, and any of them shall 
have left issue, the estate that came to said child by inherit- 
ance from his said parent shall descend to all the issue of 
other children of the same parent ; and if all the said issue 
are in the same degree of kindred to said child, they shall 
share the said estate equally, otherwise they shall take accord- 
ing to the right of representation ; 

Eighth — If the intestate shall leave a widow and no> 
kindred, his estate shall descend to such widow ; 

Ninth — If the intestate shall leave no widow nor kindred, 
his estate shall escheat to the people of this State, for the use 
of the primary school fund. 

Any estate, real or personal, that may have been given 
by the intestate in his lifetime, as an advancement to any 
child or other lineal descendant, shall be considered as a 
part of the estate of the intestate, so far as it regards 
the division and distribution thereof among his issue, and 



106 GOVERNMENT OF MICHIGAN. 

shall be taken by such child or other descendants toward his 
:share of the estate of the intestate. 

All gifts and grants shall be deemed to have been 
made in advancement, if they are expressed in the gift or 
cgrant to be so made, or if charged in writing by the intes- 
tate as an advancement, or acknowledged in writing as such 
l)y the child or other descendant. 

If any child, or other lineal descendant, so advanced, 
■shall die before the intestate, leaving issue, the advancement 
shall be taken into consideration, in the division and distribu- 
tion of the estate, and the amount thereof shall be allowed 
accordingly, by the representatives of the heir so advanced, 
in like manner as if the advancement had been made directly 
to them. 



Questions — Define the word seized, as use in this chapter. 
'Tenements. Hereditaments. Devise. Issue. Intestate. Lineal. 
Kindred. Ancestor. When a person dies without a will, to whom 
•does his property descend, first ? When we say property descends in 
*equal shares to a deceased person's children, and to the issue of any 
•deceased child by right of representation, what do we mean ? When 
•does inheritance, or succession, by "right of representation/' take 
place? 

If a man die leaving no issue, how does his estate descend ? If he 
leave no issue or widow ? If he leave no issue, nor widow nor father? 
If he leave no issue, nor widow nor father, and no brother nor sister 
living at his death ? If he leave no issue nor widow, and no father, 
mother, brother nor sister ? If he leave several children or one child, and 
the issue of one or more other children, and any such surviving child 
shall die under age and not having been married, what becomes of the 
share inherited by the deceased child from his parent ? If, in the case 
just mentioned, all the other children of said parent shall also be dead 
and any of them shall have left issue, to whom does the estate that 
came to said child by such inheritance go ? When does the estate 
descend to the widow ? When does the property escheat to the people 
of the State 2 What is said of gifts by way of advancement ? When 



GOVERNMENT OF MICHIGAN. 107 

•shall gifts or grants be deemed to have been made in advancement ? 
In case of the death of the person to whom an advancement is made 
before the death of the person making it, what is done with such 
.advancement ? 



CHAPTER XLV. 



OF WEIGHTS AND MEASURES. 

The law of this State provides how many pounds of cer- 
tain grain, dried fruit, coal, vegetables and products, shall 
constitute a bushel : Wheat, 60 ; rye, 56 ; shelled corn, 56 
corn on the cob, 70 ; corn meal, 50 ; oats, 32 ; buckwheat, 48 
beans, 60 ; clover seed, 60 ; timothy seed, 45 ; flax seed, 5Q 
hemp seed, 44 ; millet, 50 ; Hungarian grass seed, 50 ; blue 
grass seed, 14 ; barley, 48 ; dried apples, 22 ; dried peaches, 
28 ; potatoes, 60 ; sweet potatoes, 56 ; onions, 54 ; turnips, 
58 ; peas, 60 ; cranberries, 40 ; dried plums, 28 ; castor beans, 
46 ; Michigan salt, 56 ; mineral coal, 80 ; orchard grass seed, 
14 ; Osage orange seed, 33 ; stone lime, 70 ; red-top seed, 14. 

A box or basket of peaches must contain seven hundred 
and sixteen and three-fourths cubic inches, or one-third of a 
bushel. 

. A barrel of fruit, roots or vegetables, is that quantity 
contained in a barrel made from staves twenty-seven inches in 
length, and each head sixteen and one-half inches in diameter. 

All wheat flour, rye flour, and buckwheat meal, manu- 
factured in this State for sale or exportation, shall be packed 
in good and strong casks, made of seasoned oak or other 
sufficient timber, and hooped with at least ten good and sub- 
stantial hoops, three of which shall be on each chiine, and 
properly nailed. 



108 GOVEKNMKXT OF MICHIGAN. 

The casks shall be of two sizes, one of which shall con- 
tain one hundred and ninety- six pounds of flour or meal, with 
staves twenty-seven inches in length, and each head sixteen 
and one-half inches in diameter ; the other size shall contain 
ninety-eight pounds, with staves twenty-two inches long, 
and each head fourteen inches in diameter. 

The casks shall be made as nearly straight as may be,, 
and their tare shall be accurately marked on one head with 
a marking iron, and they shall also be branded with the 
weight of the flour or meal contained therein, and with the 
initials of the Christian and the whole of the surname of the 
manufacturers thereof, except when such flour or meal shall 
be manufactured by a company, when the cask may be 
branded with the name of such company. 

Every such cask of wheat flour shall also be branded as 
follows, namely : If of a superior quality, " Superfine," if of 
a second quality, "Fine," if of a third quality, "Fine 
middlings," if of a fourth quality, " Middlings." 

Each cask of rye flour of the first quality shall be 
branded with the words " Superfine rye flour," and each 
cask of the second quality, with the words " Fine rye flour,'* 
and each cask of buckwheat meal shall be branded with the 
words " B. meal." 



Questions — Give the weight per bushel of the different grains, 
fruits and products mentioned in this lesson. What is the size required 
for a box or basket of peaches ? State the size required for barrels of 
fruit, roots or vegetables. In what way must wheat flour, rye flour 
and buckwheat meal be packed? What is said of the sizes and 
capacity of casks ? How are the casks to be made and branded ? 
What brands are to be placed on casks of wheat flour ? Of rye flour ? 
Of buckwheat meal ? 



GOVEKXMKNT OV MICHK1AK. 109 



CHAPTER XLYI. 



THE PUBLIC HEALTH. 

The Supervisor and Justices of the Peace constitute a 
Board of Health for the township in which they reside. 

The Board has power to appoint a physician as a Health 
Officer, and may make such regulations concerning nuisances, 
sources of filth, and causes of sickness, within their town- 
ships, and on board of any vessels in their ports or harbors, 
as they shall judge necessary for the public health and safety; 
and if any person shall violate any such regulations, he shall 
forfeit a sum not exceeding* one hundred dollars. The Board 
of Health are required to give notice of their regulations by 
publishing the same in some newspaper of the township, if 
there be one published therein, and if not, by posting them 
up in five public places in the township. 

It is the duty of the Board to make provision to prevent 
the spread of the small-pox, or other dangerous diseases; and 
for this purpose may cause any sick or infected person to be 
removed to a separate house, if it can be done without injury 
to his health ; and if necessary, they may cause the persons 
in the neighborhood to be removed. They may take posses- 
sion of convenient houses and lodgings for the sick, and may 
employ nurses, and attendants, and procure other necessaries 
for them. 

The inhabitants may, if they desire, establish hospitals in 
any township, for the reception of persons having the small- 
pox or other diseases which may be dangerous to the public 
health. 



110 GOVERNMENT OF MICHIGAN. 

In cities, the Mayor and Aldermen, and in incorporated 
villages, the President and Trustees, constitute the Board of 
Health. 



Questions — What officers constitute the Board of Health in 
townships ? What are the powers of the Board in regard to estab- 
lishing regulations to prevent the spread of disease ? What is said 
of hospitals? What officers constitute the Board of Health in cities? 
In villages ? 



CHAPTER XL VII. 



OF FENCES AND FENCE-VIEWERS WHEN NO DAMAGES AL- 
LOWED FOR INJURIES BY TRESPASSING ANIMALS. 

All fences four and a half feet high, in good repair, con- 
sisting of rails, timber, boards or stone walls, or any combina- 
tion thereof, and all brooks, rivers, ponds, creeks, ditches, and 
hedges, or other things which shall be considered equivalent 
thereto, in the judgment of the Fence-Viewers within whose 
jurisdiction the same may be, shall be deemed legal and suffi- 
cient fences. 

It is the duty of persons occupying adjoining lands, to 
maintain partition fences, in equal shares, so long as both par- 
ties continue to improve such lands. The Overseers of High- 
ways are, by law, made the Fence- Viewers in their respective 
townships, and it is their duty, when the parties cannot agree, 
to determine the condition of partition fences, and to assign 
to the parties their share of such fences to be by them kept in 
repair. 

The law provides that no person shall be entitled to 
recover any sum of money, in any action at law* for damages 



GOVERNMENT OF MICHIGAN. Ill 

done upon lands by any beast or beasts, unless the partition 
fences by which such lands are wholly or in part enclosed, and 
belonging to such person, or by him to be kept in repair, shall 
be of the same height and description as is required by the 
provisions of the first paragraph of this chapter. 



Questions — What constitutes a lawful fence ? What is the duty 
of persons occupying adjoining lands, with reference to partition 
fences ? Who constitute the Fence-Viewers, and what are their duties ? 
What is said with reference to the recovery of damages for injuries; 
from trespassing animals ? 



CHAPTER XL VIII. 



MONEY AND INTEREST. 

The interest of money shall be at the rate of seven dol- 
lars upon one hundred dollars for a year, and at the same rate 
for a greater or less sum, and for a longer or shorter time. 
But it is lawful for the parties to stipulate in writing any rate 
of interest not exceeding ten per cent, per annum. 

Where parties agree that the rate of interest shall exceed 
that authorized by law, the legal rate, and no more, can be 
recovered, in an action at law. 

When any installment of interest upon any note, bond, 
mortgage, or other written contract shall become due, and the 
same shall remain unpaid, interest may be computed and col- 
lected on any such installment so due and unpaid, from the 
time at which it becomes due, at the same rate as specified in 
any such note, bond, mortgage or other written contract, not 
exceeding ten per cent., and if no rate of interest be specified, 
then at the rate of seven per cent, per annum. 



112 GOVERNMENT OF MICHIGAN. 

Parties loaning money, may take interest authorized by 
the law of this State, without reference to the law of the place 
where the money may be payable. 



Questions — What is the legal rate of interest in Michigan? What 
rate may parties agree upon ? Where the rate of interest agreed upon 
exceeds that authorized by law, what may be recovered ? What is said 
of interest upon installments? When money loaned in this State is 
made payable elsewhere, what rate of interest may be taken % 



CHAPTER XLIX. 



OF THE SUPPORT OF POOR PERSONS. 

The father, mother, and children of any poor person who 
is blind, old, lame, impotent or decrepit, so as to be unable to 
maintain himself, shall, at their own charge, relieve and main- 
tain such poor person, in such manner as shall be approved by 
the Directors of the Poor of the township where such poor 
person may be, or by the Superintendents of the County Poor. 

If the relatives whose duty it is to provide for a poor per- 
son, refuse to do so, the Circuit Court may make an order to 
compel them to furnish such support. 

The father shall be first required to maintain such poor 
person, if of sufficient ability; if there be no father, or if he 
be not of sufficient ability, then the children of such poor per- 
son; if there be no such children, or they be not of sufficient 
ability, then the mother, if she be able to do so. 

If the relative required by law to support a poor person, 
is unable wholly to maintain such poor person, the Court has 
power to direct two or more relatives to furnish such support, 
and may fix the amount to be furnished by each. 



GOVEKNMENT OF MICHIGAN. 113 

When parents abandon their children and refuse to sup- 
port them, or when a husband so abandons his wife, the Super- 
intendents of the Poor may seize upon the property of such 
parent or husband, and the same may be sold for the support 
of such wife and children. 

The personal property of paupers, except their wearing 
apparel, may be sold for their support. 

When poor persons, unable to support themselves, have 
no relatives able to support them, they may be supported at 
the expense of the county. If the poor person needs tempo- 
rary relief only, it may be furnished by the Supervisor of the 
township, city, or ward, or by the Superintendents of the Poor; 
but if the person requires permanent relief, he is, in those 
counties having poor-houses, to be taken to such poor-house, 
where he is kept and supported under the directions of the 
Superintendents. 

In some of the counties the distinction between township 
and county poor has not been abolished by the Board of Su- 
pervisors. In such cases it is the duty of the township to 
provide for such of their citizens as are unable to support 
themselves, unless their relatives are able to furnish such 
support. 



Questions — What relatives are required to support poor persons ? 
May relatives, having the ability so to do, be required to support poor 
persons ? State the order in which relatives are required to support 
poor persons. In case a relative whose duty it is, by law, to support 
a poor person, is unable to provide sufficient support, what order may 
the Circuit Court make ? What is said concerning those who abandon 
their children and wives and refuse to support them ? What may be 
done with the personal property of paupers ? In case a person is una- 
ble to support himself, and has no relatives able to do so, what provis- 
ion is made ? 



114 GOVERNMENT OF MICHIGAN, 



CHAPTER L. 



OP THE LIEN OF MECHANICS AND OTHERS. 

For the purpose of enabling mechanics and others who 
may furnish labor or materials for constructing or repairing 
buildings, or for putting up any engine, machinery, or appwr- 
tenances, for the owner or lessee of lands, upon such lands, the 
law has provided for a lien thereon. 

Such lien shall not attach, unless the contractor, or some 
one in his behalf, shall make and file with the Register of 
Deeds of the county in which the land shall lie, a certificate 
containing a copy of his contract, if the same is in his posses- 
sion and in writing, and if not, then a statement of the terms 
of the contract, as near as he can give it, and a description of 
the piece or pieces lot or lots of land, on which such building, 
wharf, or machinery shall be or is to be constructed or put up, 
and a statement of the amount due and to become due, on said 
contract, together with all credits the owner may be entitled 
to, which certificate shall be verified by the affidavit of the 
contractor, or some one in his behalf. When this is done, and 
the owner is notified thereof, the lien becomes binding. 

The lien, when the certificate has been recorded, continues 
good for six months, when it ceases, unless proceedings shall, 
within that time, be taken to enforce the lien. 

Sub-contractors may also have a lien for work and mate- 
rials furnished by them. This is secured by making and filing 
with the Register of Deeds a similar certificate to that required 
of the contractor, and containing a further statement of the 
terms of his contract with the original contractor. 



GOVERNMENT OF MICHIGAN. 115 

The person desirous of enforcing the lien, prepares and 
presents to the Circuit Court in Chancery, for the county in 
which the land may lie, a petition containing a brief statement 
of the contract or contracts, and of the amount due thereon, 
with a description of the premises subject to the lien, and all 
other material facts and circumstances, and praying for a sale 
or other disposition of the premises to satisfy the same. 

This petition should not be filed until the expiration of 
sixty days from the maturity of the debt. The Court has 
power to direct the giving of such notice to the owner, of the 
time of hearing, as may be considered just. This notice should 
embrace a copy of the order of the Court and of the petition, 
a,nd should be personally served, if the owner lives in this 
State. Notice should also be given to other creditors who 
have similar liens upon the same property. If the owner lives 
out of the State, the Court directs the notice to be given by 
publishing the same in some newspaper printed or circulating 
within the county, for six successive weeks. 

At the time fixed for the hearing, the creditors appear 
before the Court and prove their claims, and the Court deter- 
mines the amount due to each creditor who has a lien upon 
the property in question, and may order a sale of such property 
to satisfy the claims. 

By the law of 1871, provision is made for the better secu- 
rity of mechanics and other persons furnishing materials for 
the erecting, altering, repairing, beautifying, or ornamenting 
of buildings. By this provision the lien may include the 
building and land on which it stands, not exceeding a quarter 
of a section, to the extent of the interest of the owner or lessee 
thereof. This act may be found in a note following this 
chapter. 

Liens Upo?i Personal Property. — Mechanics, artisans, 
and tradesmen may retain and have a lien for labor and mate- 



116 GOVERNMENT OF MICHIGAN*. 

rial furnished by them in constructing or repairing any article 
of value. 

Any person may have a lien upon horses, cattle, mules, 
sheep, or swine for their keeping, and may retain possession 
of them until the charges are paid. 

In order to enforce these liens, suits may be brought 
before a Justice of the Peace, and judgment recovered for 
such charges. Thereupon an execution is issued and the prop- 
erty retained, sold to satisfy the lien. 

Questions — For what has the law furnished a lien ? What are the 
conditions upon which the lien attaches? How long does the lien 
continue ? What is said of sub-contractors ? How is the lien enforced ? 
What is said of giving notice to the owner ? What is said of the law 
of 1871 ? What is said of liens upon personal property? 

Note.— Act 0/1871. Section 1. The People of the State of Michigan enact.. That 
every mechanic, workman, or other person, who shall hereafter, in conformity with 
the terms of the contract between the owner or lessee of any lot or piece of ground, 
or his agent, and the original contractor or any sub-contractor, perform any labor, 
or furnish any materials in building, altering, repairing, beautifying, or ornament- 
ing any house or other building, or machinery, or appurtenances to any house or 
other building, in this State, shall have a lien for the value of such labor and mate- 
rials upon such house or building and appurtenances, and upon the lot of land upon 
which the same stands, not exceeding one-quarter of a section, including such 
building, to the extent of the right, title, and interest of such owner or lessee, at 
the time of the making the original contract for such house or the improvements; 
but the aggregate of all the liens hereby authorized shall not exceed the price 
stipulated in the original contract between such owner or lessee and the original 
contractor, for such improvements; in no case shall the owner or lessee be com- 
pelled to pay a greater sum for or on account of such house, building, or other 
improvement, than the price or sum stipulated in said original contract or agree- 
ment. 

Sec 2. The person performing such labor, or furnishing such materials, shall 
cause a notice, in writing, to be served on such owner or lessee, or his agent, substan- 
tially in the following form : " To : You are hereby notified that I am (or have 

been) employed by , as a laborer (or have furnished materials, or am about to 

furnish materials) on or for your house, or building, and that I shall hold the house, 
building, and your interest in the ground, liable for my services thereon (or mate- 
rials furnished)." If there shall be a contract, in writing, between the original 
contractor and the sub-contractor, or between the original contractor and the per- 
son so performing labor or furnishing materials as aforesaid, a copy of such sub- 
contract, if the same can be obtained, shall be served with such notice and attached 



GOVEKNMENT OF MICHIGAN. 117 

thereto, Which notice shall be served within twenty days from the completion of 
such contract, or within twenty days after payment should have been made to the 
person performing such labor or furnishing such material. 

Sec. 3. In all cases where the owner or lessee, or his or their agent, cannot 
be found in the county in which said improvements shall be made, or shall not 
reside therein, the person furnishing labor or materials shall file said notice in the 
office of the register of deeds of said county, and the said register shall enter, in a 
book kept by him for that purpose, alphabetically, the names of the owners or 
lessees, and opposite thereto, the names of the persons claiming liens, for which 
he shall receive a fee of fifty cents from such person filing said claim. A copy of 
said notice shall be published, at the expense of the claimant, in some newspaper 
printed in said county, once in each week for four successive weeks after filing such 
notice with the register aforesaid. If, however, there shall be no paper published 
in said county, then the claimant of said lien shall post notices of his claim for four 
successive weeks, in four of the most public places in the township in which said 
improvement is situated, but it shall not be necessary to publish or post copies of 
any contract referred to in the last preceding section. 

Sec. 4. The original contractor shall, as often as requested, in writing, by 
the owner or lessee, or his agent, make out and give to him a statement of the 
number of persons in his employ, and sub-contractors, giving their names and the 
rate of wages or terms of contract, and how much, if anything, is due to them, or 
any of them, which statement shall be made under oath, if required. 

Sec 5. If the money then due and payable to such person shall «not be paid 
within ten days after service of said notice as aforesaid, or if such money shall not 
be so due and payable, then within ten days after the money shall become due and 
payable, and if the amount claimed by such person shall be admitted in writing to 
be due him by the contractor or sub-contractor by whom said money is directly 
payable, then such person may commence suit therefor in any court having juris- 
diction of the amount claimed to be due against the owner or lessee, as if he were 
the original debtor, and judgment may be rendered, and execution had thereon, as in 
other cases. If the amount so claimed to be due shall not be admitted by the con- 
tractor or sub-contractor directly liable to pay the same, then within ten days after 
service of said notice as aforesaid, or within ten days after said money has become 
due and payable, the claimant may commence suit therefor before any court of 
competent jurisdiction, against the owner or lessee and the contractor directly 
liable to pay the same, jointly, and judgment may be rendered, and execution may- 
be had thereon, as in other cases: Provided however, That when any judgment 
may be rendered against any owner or lessee, or against any owner or lessee and 
contractor, jointly, such owner or lessee may show to the court the amount actually 
due and payable from such owner or lessee to such contractor at the time said suit 
was commenced, and the court shall cause the amount so shown to be due to be 
entered upon the records thereof, and whenever execution shall issue for the collec- 
tion of said judgment, the amount so shown to be clue from said owner or lessee 
shall be endorsed on such execution, and no greater sum shall be collected of such 
owner or lessee than the amount so endorsed: Provided further, That when judg- 
ment shall be rendered against said owner or lessee upon any claim admitted in 
writing by any contractor as aforesaid, such owner or lessee shall be solely liable to 
pay the costs of said suit: And also provided further, No judgment against such 



118 GOVERNMENT OF MICHIGAN. 

owner or lessee shall be a bar to any suit brought for the amount of said claim, or 
any portion thereof remaining unpaid, against the contractor directly liable to pay 
the same to said claimant. 

Sec. 6. Should the original contractor, for any cause, fail to complete hie 
contract, any person entitled to a lien, as aforesaid, may file his petition in any 
court of record, against the owner or lessee and contractor, setting forth the nature 
of his claim, the amount due, as near as may be, and the names of the parties em- 
ployed on such house, or other improvement, subject to liens; and notice of such 
suit shall be served on the persons therein named, and such as shall appear shall 
have their claims adjudicated, and decree shall be entered against the owner or 
lessee and original contractor, for so much as the work and material shall be shown 
to be reasonably worth, according to the original contract price, first deducting so 
much as shall have been rightfully paid on said original contract by the owner or 
lessee, the balance to be divided between such claimants in proportion to their 
respective interests, to be ascertained by the court, the premises to be sold within 
thirty days from the date of such decree, unless the judgment shall be sooner paid. 

Sec. 7. No payments to the oiiginal contractor, or to any sub-contractor, by 
such owner or lessee, shall be regarded as rightfully made, if made in violation of 
the rights conferred by this act. 

Sec. 8. The lien hereby created shall continue for six months from the time 
of the performance of the sub-contract, or doing of the work, or furnishing mate- 
rials, as aforesaid, except where suit shall be commenced as aforesaid, and in such, 
cases all liens shall be barred by decrees entered in said case. 

Approved April 17, 1871. 



CHAPTER LI. 



DOMESTIC RELATIONS. 



MARRIAGE REGISTRATION OF BIRTHS, MARRIAGES, ANI> 

DEATHS DIVORCE. 

If otherwise competent, males eighteen years of age, and 
females sixteen years of age, are deemed capable in law of 
contracting marriage. 

No man shall marry his mother, grandmother, daughter,, 
grand -daughter, stepmother, grandfather's wife, son's wife, 
grandson's wife, wife's mother, wife's grandmother, wife's 



GOVERNMENT OF MICHIGAN. 119 

daughter, wife's grand-daughter, nor his sister, brother's daugh- 
ter, sister's daughter, father's sister, or mother's sister. 

No woman shall marry her father, grandfather, son, grand- 
son, stepfather, grandmother's husband, daughter's husband, 
grand-daughter's husband, husband's father, husband's grand- 
father, husband's son, husband's grandson, nor her brother, 
brother's son, sister's son, father's brother, or mother's brother. 

No marriage shall be contracted whilst either party has a 
former wife or husband living, unless the marriage of such 
former wife or husband shall have been dissolved. 

No white person shall intermarry with a negro. 

Marriages may be solemnized by Justices of the Peace 
and Ministers of the Gospel; or, so far as relates to the man- 
ner, may be solemnized according to the usages of any society 
or denomination. 

All Justices of the Peace and Ministers of the Gospel are 
required, before solemnizing any marriage, to examine at least 
one of the parties under oath, touching the legality of such 
intended marriage. 

All marriages must be solemnized in the presence of at 
least two witnesses besides the Minister or Magistrate. 

Persons authorized to solemnize marriages (Ministers of 
the Gospel and Justices of the Peace) are required to make 
a record of each marriage solemnized by them; and the keeper 
of the records of the meetings in which any marriage among 
the Friends or Quakers shall be solemnized, shall make a 
record of such marriage. 

Certificates of marriage shall be .furnished by the Minis- 
ter, Justice, or Clerk, to either of the parties to such marriage. 
Certified coDies of the record of marriages must be sent to the 
County Clerk, who is required to record the same. 

It is the duty of the Supervisor of each township, and the 
Supervisor or Assessor of any city or ward therein, to return 



120 GOVERNMENT OF MICHIGAN. 

to the County Clerk, on or before the first day of June, in each 
year, a statement of the births and deaths which have occurred 
in their respective townships, cities, and wards during the 
year ending on the last day of the preceding December. But 
in the city of Detroit, persons are appointed by the Common 
Council to perform this duty. 

Divorce. — All marriages prohibited by law on account of 
the relationship of the parties, or on account of either of them 
having a former wife or husband living; all marriages solem- 
nized while either party was an idiot or insane ; all marriages 
between a white person and a negro, if solemnized within this 
State ; all marriages solemnized when either party was under 
the age of legal consent, if they shall separate during such 
nonage, and not live together afterwards, or in case the con- 
sent of one of the parties was obtained by force or fraud, and 
there shall have been no subsequent voluntary cohabitation 
of the parties, shall be deemed void without any decree of 
divorce. 

A sentence to imprisonment for life, of either party, dis- 
solves the marriage, without any decree of divorce. 

[For grounds for granting a divorce, see note to this 
chapter.] 

During the pending of a suit for divorce, the Court has 
power to make such order concerning the care and custody of 
the minor children and for the support of the wife by the hus- 
band as shall seem suitable and proper; and when a decree is 
granted, the Court makes such order as to the future care of 
the children and support of the wife as shall appear just and 
proper under all the circumstances. 

When the marriage is dissolved, on account of the im- 
prisonment of the husband, adultery by the husband, miscon- 
duct, or habitual drunkenness of the husband, the wife shall be 
entitled to her dower in his lands, the same as if he were dead. 



GOVERNMENT OF MICHIGAN. 121 

The Court has power to grant a divorce from bed and 
board, without dissolving the marriage, in cases where the 
ground of complaint is extreme cruelty, or the neglect of the 
husband to support the wife. 



Questions — At what age may parties contract marriage? Who 
shall noifc intermarry ? Who may solemnize marriages? What exam- 
ination is required ? How many witnesses are required ? What is said 
of certificates and records of marriages ? What is required of Super- 
visors and Assessors with reference to statements of births and deaths? 
What is said of the care and support of minor children, and of the 
wife, in divorce cases? For what cause may a divorce from bed and 
Iboard only, be granted ? 

Note.- -The following are recognized by our statute as grounds for granting a 
'divorce, to the aggrieved party: Adultery; physical incompetency; sentence of one 
<of the parties to imprisonment for three years or more; when either party shall 
desert the other for a term of two years ; when either party shall have become an 
habitual drunkard. And the Court may, in its discretion, grant a deeree of divorce 
for the cause of extreme crneltjr, or, on the complaint of the wife, where the hus- 
band neglects or refuses to support her, being able to furnish such support. The 
Court will not grant a divorce to a party who is shown to be guilty of the same 
•crime or misconduct charged against the defendant. 



CHAPTER LIT. 



OF THE DOMESTIC RELATIONS, CONTINUED HUSBAND AJSD 

WIFE RIGHTS OF MARRIED WOMEN. 

It is the duty of the husband to maintain and support his 
wife; and in case he abandon her and leave the State without 
sufficient provision for her support, the Probate Court may 
authorize her to sell his personal property, and collect moneys 
or other property due and belonging to him, and to use the 
same as her own. 



122 GOVERNMENT OF MICHIGAN. 

A married woman may dispose of her property the same 
as if she were unmarried, and may make and enforce contracts 
for the purchase or sale of property. Her property is not lia- 
ble for the debts of her husband. She may sue and be sued,. 
in relation to her separate propeily, without joining her hus- 
band in such suit; and may carry on business in her own name. 

While the husband is liable for the support of his wife, 
that is, for necessaries furnished her, he is not liable upon her 
contracts for other things. 

The wife may mortgage her property to secure a debt of 
her own, or that of another person, but a note signed by her 
as surety, cannot be enforced against her. She may, however, 
buy goods for use in her husband's family, and be liable 
therefor, provided the goods were purchased with the under- 
standing that she should pay for them. She may insure her 
life for the benefit of her husband, or her husband's life for 
her own benefit. 

A mortgage, given by the husband, upon the homestead, 
or other property exempt by law from sale or execution, is 
invalid unless signed by the wife. 

Where property of the husband has been taken from him 
on a mortgage, invalid for want of her signature, or upon an 
execution, where the property was not subject to levy, the 
wife may bring suit to recover the same, in her own name. 

The widow of every deceased person is entitled to dower, 
or the use, during her natural life, of one-third part of all the 
lands whereof her husband was seized of an estate of inheri- 
tance, at any time during the marriage, unless she has conveyed 
the same away, or unless she has entered into an agreement to 
accept a certain consideration in lieu of dower. 

Provision is made by law, for an allowance out of the 
husband's personal estate for the support of the widow and 
children, until such estate can be settled* 



GOVERNMENT OF MICHIGAN. 123 

Questions — What is required of a married man as to the support 
of his wife ? In case he abandons her, what provision is made by law 
as to her support? What rights has a married woman concerning 
property and the making of contracts '? With reference to suits ? For 
what is the husband not liable ? What is said of her right to be surety 
for another ? Of her liability for goods furnished to her for the family ? 
Of her right to insure the life of herself or husband? What mort- 
gages are invalid without her signature ? What property of her hus- 
band may she recover by suit? What is said of dower ? Of an allow- 
ance out of the personal property of a deceased husband ? 



CHAPTER LIIL 



THE INTERNAL POLICE OF THE STATE. 



OF DISORDERLY PERSONS WHO REQUIRED TO GIVE SECURITY' 

FOR GOOD BEHAYIOR. 

All persons who run away, or threaten to run away, who,, 
being of sufficient ability, refuse or neglect to support their 
families, or leave their wives or children a burden on the pub- 
lic; all persons pretending to tell fortunes, or where or withi 
whom lost or stolen goods may be found ; all common pros- 
titutes ; all keepers of bawdy houses, or houses for the resort ' 
of prostitutes ; all drunkards, tipplers, gamesters, or other 
disorderly persons ; all persons who have no visible calling or 
business to maintain themselves by, or who do, for the most 
part, support themselves by gaming ; all jugglers, common 
showmen, and mountebanks^ who exhibit or perform for profit, 
any puppet s/iotrs, wire or rope dancing, or other idle shows, 
acts or feats ; all persons who keep in any highway, or any 
public place, any gaming table, wheel of fortune, box, machine, 



124 GOVERNMENT OF MICHIGAN. 

instrument, or device for the purpose of gaming; all persons 
who go about with such table, wheel of fortune, box, machine, 
instrument, or device, exhibiting tricks or gaming therewith ; 
all persons who play in the public streets or highways, with 
cards, dice, or any instrument or device for gaming ; and all 
vagrants shall be deemed disorderly persons, and may be 
required to furnish security for their good behavior, for not 
less than sixty-five days, nor more than one year thereafter ; 
and in case of failure to furnish such security, shall be com- 
mitted to jail, until discharged according to law. Such per- 
sons may be discharged from confinement on furnishing the 
security required ; or, the Circuit Court may discharge such 
person if, in the judgment of the Court, the circumstances of 
the case warrant it, without such security ; or may authorize 
the Superintendents of the. Poor to bind out, as servants or 
apprentices, such disorderly persons as are under twenty-one 
years of age, until they reach the age of twenty-one years. 
The Circuit Court may also order disorderly persons to be 
kept at hard labor for any time not exceeding six months. 



Qmstions — Who are deemed disorderly persons ? What maybe 
required of them ? In case of a failure to furnish security for good 
behavior, what may be done with them? What authority has the Cir- 
cuit Court in such cases ? 



CHAFfER LIV. 



OF THE OBSERVANCE OF THE SABBATH GAMING AND THB 

PENALTIES THEREFOR. 

The law provides that any person who, on the first day of 
the week, shall engage in any business or labor, except works 



GOVERNMENT OF MICHIGAN. 125 

of necessity or charity, or who shall attend any dancing or at 
any public diversion, show or entertainment, or take part in 
any sport, game or play, shall be punished by a fine of not 
exceeding ten dollars, for each offense. 

Hotel-keepers shall not, under a penalty of five dollars, 
permit persons, other than their guests, to remain upon their 
premises on the Sabbath. 

No civil suits can be commenced, nor can courts be held 
on the Sabbath. 

Persons who intentionally interrupt or disturb any assem- 
bly of people met for the purpose of worshiping God, shall 
be punished by a fine of not less than two nor more than fifty 
dollars, or by imprisonment in the county jail not exceeding 
thirty days. 

Agreements made on the Sabbath are void. Persons who 
conscientiously believe that the seventh day of the week (Sat- 
urday) ought to be observed as the Sabbath, and actually 
refrain from secular business and labor on that day, shall not 
be liable to the^ penalties prescribed for performing secular 
business or labor on the first day of the week, provided they 
disturb no other persons. ' 

Gaming. — If any person, by playing at any game of 
chance, or by betting, lose to any person so betting or play- 
ing, any money or goods, he may recover the same, or the 
value thereof, in an action for that purpose. If the person 
losing the money or goods does not, within three months after 
his loss, sue for the same, the winner is subject to a fine not 
exceeding three times the value of the money or goods lost. 

If any person shall win or lose at any time or sitting, 
by gaming or betting on the hands or sides of such as are 
gaming, any money or goods of the value of five dollars or 
more, whether the same be paid over or not, shall forfeit and 
pay three times the value of such money or goods. All notes,. 



126 GOVERNMENT OF MICHIGAN. 

bonds, mortgages or conveyances in which the consideration, 
in whole or in part, is for money or goods won by gaming or 
betting, are void, except as to those who hold or claim under 
them in good faith, and without notice of the illegality of such 
contract or conveyance. 

Persons who keep, or knowingly permit to be kept, in 
any house, building, yard or garden which he occupies, any 
table for the purpose of playing at billiards for hire, gain or 
reward, or permit persons to resort to such place for the pur- 
pose of playing at billiards, nine-pins or other like game, cards 
or dice, or any other unlawful game, shall forfeit a sum not 
^exceeding one hundred dollars, and give security that he will 
not be guilty of any offense against the chapter of the statute 
to compel the observance of the Sabbath and to prevent 
gaming. 

Persons playing at such games, at such tables or alleys, 
thereby forfeit a sum not less than two nor more than ten dol- 
lars for each offense. 



Questions — What acts are prohibited on the first day of the week? 
What is said of hotel keepers ? What of agreements made on the Sab- 
bath? What exception as to labor on the Sabbath is made ? Incase 
money or goods shall be lost by playing at games of chance or betting, 
how may the same be recovered ? How and under what circumstances 
may the winner or loser be punished ? What is said of the validity of 
securities or conveyances given for moneys or goods won by betting or 
at games of chance f 



GOVERNMENT OF MICHIGAN. 127 



CHAPTER LV. 



THE LAW OF THE ROAD CONDUCT OF DRIVERS DESTRUC- 
TION OF TIMBER MARKS. 

Whenever persons, traveling with a team, meet each 
other on any road or bridge, each person is required to drive 
to the right of the middle of the traveled part of the road or 
bridge. A failure to do this, subjects the person so failing, 
to a penalty not exceeding twenty dollars, and to the payment 
of whatever damages a party may sustain by reason of such 
failure. 

No hack or stage proprietor is allowed to keep a driver 
who is in the habit of using intoxicating liquors to excess; 
and for so doing he is liable to a penalty of five dollar's a day 
for the time he retains him in his service. 

If such driver is intoxicated while driving a coach, stage, 
hack or omnibus, it is the duty of the proprietor to discharge 
him as soon as notified of the fact by any passenger, under 
oath, and in writing, who witnessed the same; and a failure to 
discharge such driver, subjects the proprietor to a penalty of 
five dollars per day so long as he shall keep him. 

If a driver of a carriage for the conveyance of passen- 
gers for hire, intentionally causes or permits his horses to run 
away, whether any person be in the carriage or not, he is 
liable to a fine not exceeding one hundred dollars, or impris- 
onment in the county jail not exceeding thirty days, or both, 
at the discretion of the Court. If such driver shall leave his 
horses while attached to a carriage in or on which any passen- 
ger may be at the time, without some suitable person to take 



128 GOVEENMEXT OF MICHIGAN. 

charge of them, he shall forfeit a sum not exceeding twenty 
dollars. 

Proprietors of public conveyances are liable to persons 
injured, for the misconduct of the driver, while in the employ- 
ment of such proprietor. 

Destruction of Timber Marks. — Whoever shall unlaw- 
fully cut out, alter, or destroy any mark of the owner, made on 
any logs, timber or lumber, put into any lake, stream, or pond r 
shall forfeit a sum not exceeding ten dollars, for each loo-, 
stick of timber, or piece of lumber, the mark of which he 
shall have so altered, cut or destroyed, and shall be liable to 
the party injured in three times the amount of the damage. 

Whoever takes, without the consent of the owner, logs r 
timber, boards, or planks, floating in any of the waters of this 
State, or lying on the banks or shores, or on any island on 
which they shall have drifted, is liable to the owner in three 
times the amount of the damages; but if they shall have 
remained there for two years, without the owner's having paid 
the owner of the land, or offered to pay him the damages* 
occasioned by reason of their lying on his land, and whatever 
damages he would sustain by their removal, they become the 
property of the land-owner. 



Questions — What does the law require of persons driving teams 
on the highways, when meeting each other ? What is the penalty for 
stage proprietors retaining in their employ intemperate drivers ? What 
is said with reference to hitching or fastening horses attached to public 
conveyances? Who are liable for injuries occasioned by misconduct 
of drivers ? What is said of the destruction of certain timber marks ? 
What is said with reference to logs, timber and lumber that may float 
upon the lands of any person? 



GOVERNMENT OF MICHIGAN". 129 



CHAPTER LVL 



LOST GOODS AND STRAY BEASTS. 

Any person finding lost goods is required immediately to 
give notice to the owner, if known. If not, and the goods 
are worth three dollars or more, he must, within two days, 
post notices in two public places within the township where 
the property was found, and within seven days give written 
notice to the Town Clerk, and pay him twenty-five cents for 
making an entry thereof in a book kept for that purpose. 

If the value of the goods be ten dollars or more, notice 
must also be published within a month, in a newspaper of the 
county, if there be one, and if not, then in a newspaper of an 
adjoining county, for six weeks. 

Any resident freeholder of any township, may take up any 
stray horses, mules, or asses, going at large beyond the range 
where they usually run at large ; and may also take up, 
between the months of November and March, stray cattle, 
sheep, or swine. 

Such finder is required to give immediate notice to the 
owner, if known. He must, within ten days, have notice 
thereof entered in the Township Clerk's book, giving the 
color, age and marks of the animals, as near as may be, 
together with the name and place of residence of the finder, 
and pay the Clerk fifty cents. The Clerk sends a copy of the 
notice to the County Clerk. 

If the owner does not appear within one month, and 
claim his property, and the animals taken up shall be worth 
more than ten dollars, the finder is required to advertise as in 
case of lost goods. 
9 



130 GOVERNMENT OF MICHIGAN 

The finder of lost goods or stray animals, of the value of 
ten dollars or more, must, within three months, procure an 
appraisal of the property to be made, and certified by a Jus- 
tice of the Peace, which shall be filed with the Clerk. 

If the owner of lost goods at any time within one year r 
claims his property, he is entitled to it, or its value, on paying- 
all costs and charges, together with a reasonable compensa- 
tion to the finder for keeping and taking care of it, and for 
his traveling expenses, to be determined by a Justice of the 
Peace, if the parties fail to agree. 

If no owner appears, in one year, the lost money or goods 
shall belong to the finder, he paying one-half their value to 
the Township Treasurer. 

If the owner of such stray beasts appears in six months, 
and pays all lawful charges, he is entitled to them ; but if not, 
they must be sold at auction by a constable, he first giving 
notice thereof in writing, by posting the same in three pub- 
lic places in the township, and the moneys realized, after 
paying costs and charges, is to be deposited in the treasury of 
the township. 

If the owner appears within one year after the entry of 
the notice with the Town Clerk, he is entitled to the money 
deposited with the Treasurer, but if he shall not so appear, 
the money belongs to the township. 

If the person finding property or taking up strays shall 
fail to give the required notices, and shall fraudulently appro- 
priate the property to his own use, he is subject to a penalty 
of not less than ten nor more than fifty dollars, and to be 
imprisoned in the county jail until the fine be paid, not 
exceeding ninety days. 

If a person shall unlawfully take away any animal taken 
up as a stray, without having first paid the charges, he is 
liable to the finder for the full value of the property. 



GOVKBXMJENT OF MICHIGAN. 131 

Qaestoom — What is the duty of persons finding lost goods? 
What is his duty if the goods exceed in value three dollars ? Where 
they exceed ten dollars ? Who may take up stray beasts ? When may 
cattle, sheep, and swine be taken up ? What is required of the finder of 
stray animals ? When may the owner of lost goods reclaim them ? On 
what terms ? If the owner does not appear, to whom does the prop- 
erty belong? How and when may the owner of stray beasts reclaim 
them ? If the owner does not appear in six months, what is done with 
stray animals? What is done with the money? When and how may 
the owner procure the money deposited with the Treasurer ? If the 
ow r ner fails to appear within one year, to whom does the money 
belong? What is the penalty where the finder of goods appropriates 
them to his own use, fraudulently, without giving the required notice ? 
In case a person takes away an animal taken up as a stray, without 
having first paid the charges, what is his liability? 



• CHAPTER LVTL 



BURNING AT LARGE OF ANIMALS UNCLAIMED PROPERTY 

THEATRICAL EXHIBITIONS AND SHOWS GUNPOWDER 

DOGS SHEEP, 

By a law passed in 1867, the Board of Supervisors of any 
county may pass a resolution prohibiting the running at large 
of horses, cattle, sheep and swine. In those counties where 
such resolution has been passed, it is lawful for any person to 
seize and take into his possession any animal which may be 
trespassing upon his premises, or which may be in any public 
highway, and opposite the land owned or occupied by him, 
contrary to such resolution. The person making such seizure 
is required to notify a Justice of the Peace or Highway Com- 
missioner of the fact. The officer thus notified posts notices 
advertising the public sale of such animals in sixty days. 



132 GOVERNMENT OF MICHIGAN. 

After paying the costs and charges, the surplus moneys arising 
from the sale are kept for the owner, and if he calls for them 
within one year, they are paid over to him ; if not, they belong 
to the township. If the owner so desires, he may redeem the 
animal at any time within a year after the sale, by paying 
all costs and charges, and a reasonable compensation for keep- 
ing such animal. 

At any time before the sale of the animal, the owner may 
have the possession of such animal, on paying the costs and 
charges provided for by law. 

The owner of any bull, stallion, boar, or ram, is subject 
to a fine of five dollars for allowing such animals to run at 
large. 

Unclaimed Property, — Whenever personal property is 
sent to, or left with warehouse-keepers, or to the keeper of 
any depot, it is the duty of the person receiving and having 
charge of the same, to enter in a book the description and 
time of receiving such goods. 

If such goods were not left to be forwarded or otherwise 
disposed of, according to directions, the person having them 
in charge is required to notify the owner, if his residence be 
known, by letter. 

In case such property is not claimed in three months, it 
is advertised for four weeks, the notice stating that unless 
such property shall be claimed within three months from the 
first publication of such notice, and the lawful charges paid, 
they will be sold. If not claimed, a Justice of the Peace 
orders a Constable to sell the goods. The Constable, after 
making the sale, returns the money to the Justice, who pays 
the charges and expenses of the sale, and pays over to the 
County Treasurer the surplus moneys, where the person whose 
goods were sold may get them at any time within five years. 



GOVERNMENT OF MICHIGAN. 133 

If hot claimed in five years, the County Treasurer pays them 
over into the State Treasury for the use of the State. 

Theatrical Exhibitions and Shoivs. — Township or village 
boards have authority to license theatrical exhibitions, public 
shows, and such other exhibitions as they deem proper, to 
which admission is obtained on payment of money, upon such 
terms and conditions as they shall think reasonable, and may 
regulate the same as they shall think necessary for the pres- 
ervation of order. 

Any person who shall set up or promote any such exhibi- 
tion or show without a license, or contrary to the terms of 
such a license, may be fined a sum not exceeding two hun- 
dred dollars. 

Gun}?oioder. — The inhabitants of incorporated villages or 
townships, at any regular meeting, may, by resolution, order 
that no gunpowder shall be kept in the township or village, 
unless in tight casks or canisters ; and that not over fifty 
pounds shall be kept in any building, ship or vessel, within 
twenty-five rods of any other building or wharf ; not over 
twenty-five pounds within ten rods of any other building; and 
that not over one pound shall be kept in any building within 
ten rods of any other building, unless it be secured in copper, 
tin, or brass canisters, holding not exceeding five pounds each, 
and closely covered with copper, brass, or tin covers. A vio- 
lation of this provision subjects the offender to a fine not 
exceeding twenty dollars ; but the law is not designed to 
apply to the manufacturer of powder, nor to prevent carrying 
it through the township. 

Dog Licenses. — The Legislature of 1873, passed an act 
to provide for the licensing and keeping of dogs. By this act, 
the owner or keeper of every male dog must pay to the City 
or Township Clerk a license of one dollar ; for every female 



134 GOVERNMENT OF MICHIGAN. 

dog, three dollars. These licenses run until the first of April 
next following their date. During the continuance of the 
license, the owner is required to keep a collar on the dog's 
neck, distinctly marked with the owner's name. 

The moneys raised from licenses constitute a fund for 
the payment of damages which persons may sustain by the 
killing or wounding of sheep or lambs, by dogs. 

Whoever keeps a dog without a license and collar is sub- 
ject to a forfeiture of ten dollars. 

It is the duty of Constables and Policemen to kill all 
dogs found not licensed and collared. 

From this, it would seem that dogs are not " entitled to 
life, liberty, and the pursuit of happiness," unless they hap- 
pen to belong to some one able to license and collar them. 

Sheep. — Any person who shall knowingly bring into this 
State, sheep having any contagious disease, is subject to a 
penalty of not less than fifty dollars, and on failure to pay the 
same, may be imprisoned in the county jail not exceeding 
three months ; and amy person who shall allow his sheep to 
run at large, on the highway, knowing them to have a conta- 
gious disease, is subject to a penalty of not less than fifty nor 
more than one hundred dollars ; and in default of payment 
may be imprisoned in the County Jail not to exceed three 
months. 



Questions — In those counties where cattle, horses, sheep and 
swine are prohibited from running at large, what provision is made 
for seizing such animals when at large ? What proceedings are had 
to effect a sale of such animals? What is done with the proceeds of 
the sale ? May the owner redeem the animals when sold ? On what 
terms may the owner procure the possession of animals seized, for 
running at large contrary to law ? What are warehousemen and other 
bailees required to do in regard to property consigned to them ? Under 
what circumstances may such goods be sold ? How are such sales 



GOVERNMENT OF MICHIGAN. 135 

•effected? What disposition is made of the moneys arising from the 
sale ? What powers have township and village boards with reference 
to theatrical exhibitions and shows ? What is the penalty for setting 
np or promoting such shows or exhibitions without a license, or con- 
trary to the terms of such license ? What regulations may the inhabi- 
tants of townships and villages make concerning the keeping of gun- 
powder? What can you say in reference to the dog-license law? 
What is the penalty for importing diseased sheep ? For allowing such 
sheep to run at large in the highways ? 



CHAPTER LVIII. 



LAWS FOR .THE PROTECTION OF FISH. 

It is unlawful to put into any of the waters of the State, 
•where fish are taken, any offal, blood, putrid brine, putrid fish, 
or filth of any description. The penalty for a violation of 
this law r , is a fine not exceeding three hundred dollars, or 
imprisonment not exceeding thirty days, or both, at the discre- 
tion of the Court. 

All fish, offal, or filth accruing from the catching and 
curing of fish, must be burned or buried ten rods distant from 
the beach or shore of the river or lake. 

The spawn taken from all whitefish caught shall be forth- 
with deposited in the waters near the spawning places from 
which the fish were taken. 

For a violation of the provisions of law mentioned in 
either of the last two paragraphs, the offender is subject to a 
penalty of not more than one hundred dollars, nor less than 
twenty-five dollars and costs, or to imprisonment in the County 
Jail for a period not exceeding thirty days, or both, at the dis- 
cretion of the Court. 



136 GOVERNMENT OF MICHIGAN. 

The Boards of Supervisors of the several counties have 
the power to make rules and regulations for fishing with necs 
and all manner of fishing tackle, in those counties where the 
law does not, by express terms or by reasonable implication^ 
deprive them of this power. 

The Boards, except in those counties referred to in the 
preceding paragraphs, and to which reference will be made 
hereafter, are authorized and required to grant, on the appli- 
cation of any transient or non-resident person or persons, a 
written permission or license for one year, for each and every 
pound or trap net used, on payment of fifty dollars. 

A law was passed in 1867, to prevent fishing with seines 
and every kind of continuous nets, in the waters of the coun- 
ties of Branch, Livingston, Cass, St. Joseph, Kent, Ionia, Gen- 
esee, and Calhoun, or in any of the lakes, rivers, or streams of 
Macomb county, under a penalty of not more than one. hun- 
dred dollars, or imprisonment in the County J ail not more than 
sixty days, to be determined by the Court. A similar act was 
passed in 1865 with reference to fishing in the counties of 
Jackson, Hillsdale, Washtenaw, Van Buren, Calhoun, Kalama- 
zoo, Barry, Eaton, and the townships of Rollin, Medina, Sen- 
eca, Dover, Hudson, Cambridge, Franklin, and Woodstock, in 
Lenawee county. At the same session of the Legislature, an 
act similar to the foregoing was passed, applying to all the 
inland lakes or small streams of all the territory of the State, 
according to the United States survey, north of the township 
line numbered twenty, north. 

The law makes it the duty of the owners or occupants of 
mill-dams to construct proper shutes, to admit the passage of 
fish during the months of April, May, and June. A failure to 
do this subjects the person in default to a fine not exceeding 
one hundred dollars, or imprisonment in the County Jail not 
exceeding ninety days. 



GOVERNMENT OF MICHIGAN. 137 

It is unlawful for any person to place a weir dam, fish 
weir, or weir net, across any race, drain, stream, or inland river 
of this State, so as to obstruct the free passage of fish up and 
down the same; and the offender is subject to a fine of not 
less than five nor more than fifty dollars, for each offense, and 
also to the payment of two dollars additional penalty for every- 
day he shall continue to keep up such fish weir or weir net, 
after having been notified by any elector of the township 
wherein such fish weir or weir net may be, feeling himself 
aggrieved thereby, to remove the same. 

By the provisions of an act passed in 1ST 3, it is unlawful 
to kill at any time, by means of nets, traps, or seines, in any 
inland lake, river, or stream, or by any other means between 
the first day of October and the first day of April next suc- 
ceeding, any speckled trout or grayling. The penalty for a. 
violation of this provision is a fine not exceeding one hundred 
dollars, nor less than twenty-five dollars, or imprisonment in 
the County Jail not exceeding thirty days, or both, at the dis- 
cretion of the Court. At the same session an act was passed,, 
providing " that it shall not be lawful hereafter, at any time r 
to fish with seines, trap-nets, pound-nets, dip-nets, or any 
species of continuous nets, or during the months of March > 
April, May and June by spearing or shooting, in any of the 
waters of the State of Michigan, except Lakes Michigan, 
Superior, Huron, St. Clair, the St. Clair and Detroit rivers, 
and Lake Erie : Provided, Nothing in this act shall be con- 
strued as prohibiting sole owners of fish ponds from fishing- 
therein, as they may think proper." 

In 1873, the Legislature passed an act to establish a Board 
of Commissioners to increase the product of the fisheries. 
This Board is required to locate a State fish-breeding establish- 
ment, for the artificial propagation and cultivation of white- 
fish, and such other kinds of the better class of food fishes as 



138 GOVERNMENT OF MICHIGAN. 

they may direct. The duties of this Board have been referred 
to in a preceding chapter. 



Questions — What materials shall not be put into the waters of this 
State, where fish are taken ? What is the penalty for violating this 
provision ? What must be done with offal, etc , which accrues from 
the catching and curing of fish ? What must be done with the spawn, 
in certain cases ? What is the penalty for refusing or neglecting to 
dispose of the offal, etc., and of the spawn, as directed? What powers 
have Boards of Supervisors in relation to fishing ? What is said of the 
law of 1867? Of the acts of 1865? What is said of the construction 
of shutes ? Of weir dams and weir nets ? Of the several acts of 1873? 
W T hat is said of the act of 1873, with reference to a Board of Fish 
Commissioners ? 



CHAPTER LIX. 



OF THE PROTECTION OF GAME, SOXG BLRDS, AXD MUSK-RATSe 

It is provided by law that no person or persons shall pur- 
sue, or hunt, or kill any wild elk, wild buck, doe, or fawn, save 
only during the months of October, November, and December 
in each year; or kill or destroy by any means whatever, or 
attempt to take or destroy .any wild turkey at any time during 
the year, except in the months of September, October, Novem- 
ber, and December in each year; or kill or destroy, by any 
means whatever, any w T oodcock until after the fifth of July; 
or any prairie chicken, or pinnated grouse, ruffled grouse, 
-commonly called partridge or pheasant, or any wood duck, 
teal duck, or mallard duck, save only from the first day of 
September in each year to the first day of January next 
foHowing 

It is also provided that no person or persons shall kill or 



GOVERNMENT OF MICHIGAN. 139 

•destroy, or attempt to kill or destroy, any quail, sometimes 
called Virginia partridge, except during the months of Octo- 
ber, November, and December in each year. 

The Jaw also provides that no person shall kill, or attempt 
to kill, any wild duck, or other wild fowl, with or by means of 
«. swivel or punt gun, or rob or destroy the nests of any wild 
duck or wild geese, or in any manner kill or molest the same 
while they are sitting at night on their nesting places. 

No person shall sell, or expose for sale, any of the birds 
or animals protected by this act, after the expiration of thirty 
days next succeeding the times limited and prescribed for the 
killing of any such buds or animals : Provided hoicever. 
That it shall be lawful to expose for sale, and to sell, any live 
quail for. the purpose of preserving the same alive through the 
winter. 

Any person violating any of the foregoing provisions, is 
deemed guilty of a misdemeanor, and is liable to a penalty of 
fifty dollars lor each offense, and on conviction thereof, is to 
be committed to the common jail until such penalty is paid; 
provided, that the imprisonment shall not exceed thirty days, 

All persons within this State are prohibited from killing 
any robin, night-hawk, whippoorwill, finch, thrush, lark, sparrow, 
cherry-bird, swallow, yellow-bird, blue-bird, brown -thrasher, 
wren, mattin, oriole, wood-pecker, bobolink, or any song bird, 
;and from robbing the nests of such birds, under a penalty of 
five dollars for each bird so killed, and for each nest robbed. 

Any person or company having any of the above named 
birds or animals in their possession for transportation, or who 
shall transport the same, after the expiration of thirty days 
next succeeding the times limited and prescribed for the 
killing of such birds or animals, is liable to be punished by a 
fine not less than ten dollars, nor more than one hundred 
dollars. 



140 GOVERNMENT OF MICHIGAN, 

This penalty, however, does not apply to the transporta- 
tion of quails which are to be kept alive during the winter, nor 
to the transportation of such birds or animals in transitu 
through this State from other States, where it is lawful to kill 
them at the time of such transportation. 

All persons are prohibited from using guns or other fire- 
arms, to maim, kill, or destroy any wild pigeon or pigeons at 
or within one half mile of the place or places where they are 
gathered in bodies for the purpose of brooding their young, 
known as pigeon nestings; and no person shall in any way 
maim, kill, or destroy any wild pigeon or pigeons within their 
roostings any where within the limits of this State; and any 
person who shall violate the law in this particular, is subject 
to a penalty of fifty dollars, with costs of suit. 

Any person violating any of the provisions of this act, 
may be prosecuted before any Justice of the Peace of the 
county in which such violation is alleged to have taken place, 
or before any Court of competent jurisdiction; and it is made 
w ne duty of all Prosecuting Attorneys in this State to see that 
the provisions of this act are enforced in their respective 
counties, and to prosecute all offenders, on receiving informa- 
tion of the violation of any of the provisions of this act ; and 
it is made the duty of Sheriffs, Under- Sheriffs, Deputy-Sher- 
iffs, Constables, and Police officers, to inform against and 
prosecute all persons, whom there is probable cause to believe 
are guilty of violating any of the provisions of this act. 

These provisions do not apply to any person who shall kill 
any of the birds or animals named, for the sole purpose of pre- 
serving them as specimens for scientific purposes, nor to any 
person who shall collect the eggs or nests of any bird for such 
scientific purposes. The prosecution in any such case is not 
required to prove that the killing of the bird or animal, or the 



GOVERNMENT OF MICHIGAN-. 141 

taking of the nest or eggs, as the case may be, was not done 
for scientific purposes. 

All prosecutions under this act must be brought within three 
months from the time the offense was committed. 

The statute also provides against the destruction of musk- 
rats and musk-rat houses in the marshes, along the shores of 
Lakes Erie, St. Clair, Huron, and Michigan, or in or on the 
banks of any bayous or creeks tributary thereto, between the 
fifteenth day of April and the first day of January, under 
a penalty of three dollars for each musk-rat so killed or 
destroyed. 

Penalties for the violation of this act may be sued for in 
the name of the people of the State of Michigan, before any 
Justice of the Peace in the county where the alleged offense 
was committed, and such suit shall be carried on in the same 
manner as prosecutions for other misdemeanors. Penalties 
are to be paid into the treasury of the county where the offense 
was committed, for the support of the township libraries of 
the county. 

It is provided that this act shall not be so construed as to 
prevent the catching and killing of any animals specified in 
the foregoing sections, where there is danger of their doing 
injury to property, either public or private. 

Questions — What is said, in the first paragraph of this lesson, of 
the killing, pursuing, or hunting of certain animals? During what 
months may these animals be killed ? What is said of the killing of 
birds ? What name is sometimes given to the quail ? During what 
months may these be killed ? Why this provision ? What is meant 
by a swivel or punt gun ? What is said of the sale of these birds or 
animals ? What exception is made in respect to the sale of these birds 
or animals, and why ? What penalty is attached to the violation of this 
act ? What song birds may not be killed ? Is the penalty the same 
for robbing nests as killing birds ? What is said of transporting birds ? 



142 GOVERNMENT OF MICHIGAN. 

What is the penalty for violating this act? What exception to this 
penalty ? What is said of killing or destroying pigeons ? What are 
the places called where pigeons brood? What is the penalty for kill- 
ing these birds or destroying their nests? What is the duty of the 
Prosecuting Attorney in this matter? What is the duty of other offi- 
cers relative to such prosecutions? To whom do these provisions not 
apply ? What is the prosecution not required to prove ? Within what 
time must prosecutions be brought under this act? What is the law 
relative to the destruction of musk-rats ? To what portions of the State 
does this act apply ? State the penalty for its violation. How are 
such penalties secured ? To what are such penalties applied ? State the 
exceptions to the provisions of this act. 



CHAPTER LX. 



TRESPASS UPON CRANBERRY MARSHES CANADA THISTLES, 

DESTRUCTION OF. 

It is unlawful to enter upon the premises of another, 
without permission, to take and carry away cranberries or 
cranberry vines, or to injure them in any way. To do so, sub- 
jects the offender to imprisonment in the County Jail, not less 
than five days, or to a fine of not less than five dollars, or both, 
in the discretion of the Court; and if the offense is committed 
on the Sabbath, or in the night time, or while the offender is 
disguised, the fine is not less than ten dollars, and the imprison- 
ment not less than ten days, or both, at the discretion of the 
Court; and any such person is also liable to the owner or 
occupant of the premises, in three times the amount of the 
actual damages. 

Canada Thistles. — The owner or occupant of lands is 
required, under a penalty of ten dollars, to cut down and 
destroy all Canada thistles growing upon such land, or upon 



GOVERNMENT OF MICHIGAN. 143 

the highway running' through or by such land, so olten as shall 
be necessary to prevent them from going to seed. 

Overseers of Highways and Highway Commissioners are 
required to cause all such thistles to be destroyed within their 
respective townships and districts. 

Any person who shall knowingly sell any grass or other 
seed, among which there is any seed of the Canada thistle, 
shall be liable to a fine of twenty dollars. 



Qicestions — What is said in relation to trespasses upon cranberry 
marshes? What circumstances are considered as an aggravation of 
the offense ? What are the owners or occupants of lands required to 
do with reference to Canada thistles ? What officers are to attend to 
the destruction of Canada thistles ? What is the penalty for selling 
seeds containing; seed of the Canada thistle ? 



CHAPTER LXI. 



INTOXICATING LIQUORS MANUFACTURE AND SALE OF, PRO- 
HIBITED. 

It is unlawful for any one to manufacture or sell, in per- 
son, or by his clerk or agent, spirituous or intoxicating 
liquors, except as provided by law. 

It is not unlawful to manufacture alcohol containing not 
less than eighty parts in the hundred of pure alcohol. Drug- 
gists, who have given bonds, as the law requires, not to sell 
any spirituous or intoxicating liquors, or any mixed liquor, a 
part of which is spirituous or intoxicating, except to be used 
as a medicine, as a chemical agent in scientific, mechanical or 
manufacturing purposes, or wine for sacramental purposes; nor 
to sell the same to any person whom he knows, or has good 



144 GOVERNMENT OF MICHIGAN'. 

reason to believe, intends to use it as a beverage, or to any 
person to be drank, for any purpose, upon the premises; nor 
to minors, unless upon the written order of his father, mother, 
guardian, or family physician, may sell such liquors accord- 
ing to the conditions and subject to the limitations of such 
bonds. 

Manufacturers of alcohol manufactured in accordance 
with the provisions of law, may sell such alcohol to persons 
who have given such bonds as are mentioned above. 

It is not unlawful to make cider from apples, or wine 
from grapes or other fruits grown or gathered by the manu- 
facturer thereof, or to make beer, in this State, and free from 
.all other intoxicating liquors; but in no case shall such beer 
be sold in less quantity than five gallons, or such wine or cider 
be sold in less quantity than one gallon, and sold to be, and 
be all taken away at one time; and all sales of such beer, in 
less quantities than five gallons, or of such wine or cider, in 
less quantity than one gallon, to be drank or used on the 
premises, shall be an unlawful sale. 

It is not unlawful to sell liquors that are of foreign pro- 
duction, and which have been imported under the laws of the 
United States, and in accordance therewith, and contained in 
the original packages in which they were imported, and in 
quantities not less than the laws of the United States prescribe. 

All payments for liquors sold in violation of law may be 
recovered back, by the person paying the same, his wife or any 
of his children, or his parent, guardian, husband, or employer; 
and all sales, notes, securities, or the like, made or given where 
the consideration thereof, either in whole or in part, shall have 
been the sale or agreement to sell liquor, contrary to law, 
shall be void, against all persons, and in all cases, except only 
as against the holders of negotiable securities, or the pur- 
chasers of property who may have paid therefor a fair price, 



GOVEKNMENT OF MICHIGAN. 145 

and received the same upon a valuable and fair consideration, 
without notice or knowledge of such illegal consideration. 

Where a person, by reason of intoxication, inflicts an 
injury upon the person or property of another, the injured 
party may recover his damages against the person furnishing 
the liquor that may have caused or contributed to the intoxi- 
cation of such intoxicated person. And the owner or lessee 
of buildings having knowledge that intoxicating liquors are to 
be sold therein at retail as a beverage, are equally liable with 
the seller for damages resulting from such sales. 

The giving away of intoxicating liquors, or any other 
shift or device, with intent to evade the law, shall be deemed 
an unlawful selling, and every person who, as clerk, agent or 
servant of another, shall sell any such liquor, shall be deemed 
equally guilty as his principal. 

If any person shall knowingly solicit or encourage any 
person, who has previously used intoxicating drinks habitually 
or injuriously, to use as a beverage any such liquors, or if he 
shall voluntarily, directly or indirectly, give any such liquors, 
or cause the same to be given to such person, or shall, with 
the intention of having such person drink or use them, place 
any such liquors, or cause or procure the same to be placed 
where such person may obtain them, to be used as a beverage, 
such person so offending shall be subject to the penalties and 
forfeitures provided against selling such liquors. 

The statute provides that persons found intoxicated may 
be compelled to appear before a Justice of the Peace, and 
disclose where and of whom he procured the liquors. 

It is also provided that any person found drunk in a pub- 
lic place, may be fined five dollars. 

The keeping or selling of liquors contrary to law, subjects 
the offender to a penalty of twenty-five dollars and costs; for 
the second offense, fifty dollars and costs; and for each subse- 
10 



146 GOVERNMENT OF MICHIGAN. 

quent offense, a fine of one hundred dollars and imprisonment 
in the County Jail, not less than three nor more than six 
months. 

It is provided that common sellers and manufacturers of 
liquors in violation of law, shall, on each conviction, forfeit 
and pay double the amount specified in the last preceding sec- 
tion, with costs of suit or prosecution; and that for the third, 
or any subsequent conviction, shall, in addition to the forfeit- 
ure, be imprisoned for six months. 

The law prohibits the employment of persons upon rail- 
roads who use intoxicating drinks as a bevergae, under a 
penalty of twenty-five dollars, where the officers of the com- 
pany know that such employee uses such liquors as a beverage. 

If any person shall bring into any jail any intoxicating 
liquors for sale or for the use of any prisoner, unless t^gjame 
shall be certified to be absolutely necessary for the health of 
such prisoner, br if any officer or person employed in or about 
such jail shall knowingly permit any spirituous liquor to be 
sold or used in jail, contrary to law, such officer or person shall 
be subject to imprisonment not exceeding one year, or a fine 
not exceeding two hundred and fifty dollars, or both, in the 
discretion of the Court. 



Questions — State what grade of alcohol may be lawfully manu- 
factured. What is said as to the sale of liquors by druggists ? What 
is said of the sale of alcohol by manufacturers ? What is said of the 
manufacture of cider, wine and beer ? What is said of the sale of 
these articles ? What is said of liquors of foreign production ? By 
whom may moneys paid out for liquors, in violation of law, be recov- 
ered? What of securities given for liquors? Who are liable for 
injuries inflicted by reason of intoxication? What is deemed equiva- 
lent to an unlawful sale of liquors ? What is said of soliciting certain 
persons to use liquor as a beverage ? What previ#ion is made for pro- 
curing testimony as to where any intoxicated person procured his 
liquor? What is the penalty for being intox'cated in a public place? 



GOVERNMENT OF MICHIGAN. 147 

What is the penalty for keeping or selling intoxicating liquors con- 
trary to law ? What is the punishment for being a common seller or 
manufacturer of liquors contrary to law ? What is the law in regard 
to the employment of persons addicted to the use of intoxicating 
drinks, by railroad companies ? What is said of the sale of intoxicat- 
ing drinks in jails ? 



CHAPTER LXIL 
OF CRIMES AND MISDEMEANORS. 



TREASON MURDER DUELS MANSLAUGHTER MAIMING 

ROBBERY MALICIOUS THREATS MARRIAGE UNDER DU- 
RESS OR BY FORCE UNLAWFUL IMPRISONMENT KID- 
NAPPING. 

Persons accused of crime have the right to counsel and 
witnesses in open Court. 

An acquittal, on a trial of the facts, is a bar to further 
prosecutions for the same offense. 

Treason against the State, that is, levying war against it, 
or adhering to its enemies, giving them aid and comfort, is the 
highest crime known to our laws, and is punishable by death. 

Murder in the first degree, that is, the deliberate and 
premeditated killing of a human being without cause, or the 
killing of a person while attempting to perpetrate any arson, 
rape, robbery, or burglary, subjects the offender to imprison- 
ment for life in the State Prison, Murder in the second 
degree, that is, where the act of killing is done intentionally, 
but without that premeditation and deliberation which distin- 
guish murder in the first degree, is punishable by imprisonment 



148 GOVERNMENT OF MICHIGAN. 

in the State Prison for life, or any number of years, in the 
discretion of the Court. 

Fighting a duel, if death ensue, is murder in the first 
degree. Fighting a duel, although neither party be killed, or 
offering to fight one, subjects the offender to imprisonment in 
the State Prison not exceeding ten years, or to a fine not 
exceeding one thousand dollars and imprisonment in the 
County Jail not more than three years, and deprives the 
offender of the right to hold any office under the laws of this 
State. The penalties of the law against dueling apply to 
seconds as well as principals. Indeed, all who in any way 
encourage the fighting of a duel are subject to heavy penalties. 

The crime of manslaughter, which consists in the killing 
of a human being, while under the influence of sudden provo- 
cation, or from heating of the blood, or stirring the passions 
to such an extent as to exclude the idea of malice, is punish- 
able by imprisonment in the State Prison not more than 
fifteen years, or by fine not exceeding one thousand dollars. 

Maiming or disfiguring, or attempting to maim or disfig- 
ure another, with malicious intent, or aiding in the commis- 
sion of the offense, is punishable by imprisonment in the 
State Prison not more that ten* years, or by fine not exceed- 
ing one thousand dollars, or both, at the discretion of the 
Court. 

If a person robs another, such robber being armed with a 
dangerous weapon, with intent, if resisted, to kill or maim the 
person robbed, or if, being so armed, he shall wound or strike 
the person robbed, he shall be confined in the State Prison 
for life, or any number of years. If the robber be not armed, 
the punishment cannot exceed fifteen years' imprisonment. 

If any person shall maliciously threaten to accuse another 
of any crime or offense, or to injure the person or property 
of another, with intent thereby to extort money or any pecu- 



GOVERNMENT OF MICHIGAN. 149 

niary advantage, or with intent to compel the person so threat- 
ened to do any act against his will, he shall be punished by 
imprisonment in the State Prison, or in the County Jail, not 
exceeding two years, or by fine not exceeding one thousand 
dollars. 

If any person shall take any woman unlawfully and 
against her will, and by force, menace or duress, compel her 
to marry him or any other person, he shall be punished by 
imprisonment in the State Prison for life or any term of years. 

Imprisoning a person without lawful authority, or forcibly 
carrying such person out of the State, subjects the offender 
to imprisonment in the State Prison for a term not exceeding 
ten years, or to a fine not exceeding one thousand dollars. 

The law against seduction, rape, and kindred crimes, is 
justly very severe, the penalty being imprisonment in the 
State Prison. To entice a girl under the age of sixteen years, 
away from father, mother, guardian, or other person having 
legal charge of her, for lustful or other base purposes, or for 
marriage, subjects the offender to imprisonment in the State 
Prison not exceeding three years, or to imprisonment in the 
County Jail not exceeding one year, or to a fine not exceeding 
one thousand dollars. 



Questions — To what have persons accused of crime, a right? 
What is the effect of an acquittal ? What is treason against the State ? 
What is the penalty ? Define murder, and state the penalty therefor. 
What is murder in the second degree ? The penalty ? What is said 
of dueling ? Of challenges to fight duels ? To what parties does the 
law against dueling apply? What is manslaughter? The punish- 
ment therefor ? What is maiming ? What is the penalty therefor ? 
What is said of robbery? Of malicious threats? What is the penalty 
for compelling a woman to marry against her will? What is the 
penalty for unlawfully imprisoning or carrying a person out of the 
State ? 



150 GOVERNMENT OF MICHIGAN. 



CHAPTER LXIIL 



OF CKIMES AND MISDEMEANORS, CONTINUED ATTEMPTS TO 

POISON TAKING OR ENTICING CHILDREN AWAY FROM 

PARENTS OR OTHERS ABANDONMENT OF CHILDREN 

CARELESS USE OF FIRE-ARMS. 

Mingling poison with food, drink or medicines ; to take 
or to entice away any child under the age of twelve years, 
with intent to detain or conceal such child from its parent, 
guardian, or other person having the lawful charge of such 
child, are crimes punishable by imprisonment in the State 
Prison not more than ten years, or by imprisonment in the 
County Jail not more than one year, or by fine not exceeding 
one thousand dollars. 

Any person having a child under six years of age in 
charge, who shall expose such child in any street, field, town, 
or other place, with intent to abandon it, he or she shall be 
punished by imprisonment in the State Prison not more than 
ten years. 

Pointing a gun at another, intentionally, but without 
malice, subjects the offender to a fine of not less than five nor 
more than fifty dollars. If in such case the gun be discharged, 
without injury, the offender is liable to a fine of not less than 
one hundred dollars, or imprisonment in the County Jail not 
to exceed one year, or both, at the discretion of the Court. 
If death ensue from such discharge, the offense is deemed 
manslaughter. 

The statute makes provision for the punishment of per- 
sons who attempt to commit crime, even though they may fail 



GOVERNMENT OF MICHIGAN. 151 

to accomplish their purpose ; and such punishment is graded 
according to the gravity of the crime attempted. 



Questions — What is said with reference to mingling poison with 
food, drink, or medicine ? Of enticing children away from parents or 
guardians ? Of the careless use of fire-arms ? Is there any punish- 
ment prescribed for attempting to commit crime ? 



CHAPTER LXIV. 



OF OFFENSES AGAINST PROPERTY. 



BURNING BUILDINGS AND OTHER PROPERTY HOUSE-BREAK- 
ING, ETC. LARCENY RECEIVING STOLEN GOODS EM- 
BEZZLEMENT. 

Maliciously burning a dwelling-house of another in the 
night-time, if any person be lawfully within such house at 
the time, subjects the offender to imprisonment in the State 
Prison for life. If no person be in such house, or if the 
dwelling be burned in the day-time, the punishment is im- 
prisonment for any term of years, to be fixed by the Court. 
Maliciously burning in the night-time, any meeting-house, 
church, court-house, college, academy, jail, railroad-depot, or 
other public building erected for public use ; or any banking- 
house, warehouse, store, manufactory, or mill of another, 
being, with the property therein contained, of the value of 
one thousand dollars, subjects the offender to imprisonment 
in the State Prison for any term of years. If the burning be 
in the day-time the imprisonment cannot exceed ten years. 

It is unlawful to burn any bridge, lock, dam, or flume, or 



152 GOVERNMENT OF MICHIGAN. 

any ship, boat, or vessel of another, or to burn any wood, 
lumber, fences, grain, or other vegetable product of another, 
or to burn any property to defraud insurance companies ; and 
in all such cases appropriate penalties are attached to a viola- 
tion of the law. 

Breaking and entering a dwelling-house in the night- 
time, with the intent to commit any felony or larceny, is an 
offense, punishable by imprisonment in the State Prison not 
more than twenty years. If the burglar is armed and assaults 
a person being lawfully in such house, it is deemed an aggra- 
vation of the offense. 

The breaking and entering of any dwelling-house, shop, 
store, railroad depot, warehouse, ship, boat, vessel, mill, 
school-house, or factory, with the intent to commit a felony or 
larceny, is deemed a State Prison offense, and when commit- 
ted in the night-time the act is deemed more heinous. 

Stealing from a dwelling or other building, or at a fire, or 
from the person of another, are deemed aggravated cases of 
larceny, and are punishable by imprisonment in the State 
Prison. Other cases of larceny, unless the value of the prop- 
erty stolen exceeds twenty-five dollars, are punishable by 
imprisonment in the County Jail, or by fine ; the penalty for 
a second, or any subsequent offense, being more severe. 

The buying, receiving, or concealment, of stolen prop- 
erty, knowing it to have been stolen, subjects the offender to 
imprisonment in the State Prison not more than five years, or 
to a fine not exceeding five hundred dollars and imprisonment 
in the County Jail not more than one year. 

Persons who, by virtue of their employment, come into 
possession of personal property, and appropriate it to their 
own use, are guilty of embezzlement, and may be punished 
by imprisonment in the State Prison, or by fine and imprison- 
ment in the County Jail. 



GOVERNMENT OF MICHIGAN. 153 

Questions — What is said of the burning of dwelling-houses in the 
night time ? Of other buildings ? Of the burning of bridges, locks, 
&c. ? What is said of breaking into and entering a dwelling-house in 
the night time ? Of breaking into other buildings ? Mention certain 
aggravated cases of larceny. What is said of buying, receiving, or 
concealing stolen property? Of embezzlement? 



CHAPTER LXV. 



FALSE REPRESENTATIONS AND PRETENSES DESTRUCTION AND 

FITTING OUT OF VESSELS, WITH MALICIOUS INTENT 

MALICIOUS INJURIES BURGLAR'S TOOLS LARCENY IN 

OTHER STATES INJURIES TO SHADE TREES OF CERTAIN 

TRESPASSES. 

Every person who shall falsely x> ersona ^ e another, and 
thereby receive property with the intent to convert it to his 
own use, is guilty of larceny. Obtaining property under false 
pretenses, or tokens, is an offense punishable by imprisonment 
in the State Prison not exceeding ten years, or by fine not 
exceeding five hundred dollars, or imprisonment in the County 
Jail not exceeding one year. 

The willful destruction of vessels, with intent to injure 
another, is punishable by imprisonment in the State Prison 
not more than fifteen years. Fitting out vessels, with intent 
that they shall be destroyed, or to defraud the owner or 
insurer; making a false invoice of cargo, with like intention; 
making, or procuring a false protest, with intent to injure or 
defraud any insurer, are deemed offenses, punishable by im- 
prisonment in the State Prison, or by fine and imprisonment 
in the County Jail. 

Malicious injuries to beasts, or other property; willful 



154 GOVERNMENT OF MICHIGAN. 

trespasses, by cutting or destroying wood, timber, grain, and 
fruits, are offenses which subject the offender to severe penal- 
ties, as will be seen by reference to Chapter 245 of the Com- 
piled Laws of 1871. 

It is an offense for a person to have in his possession tools 
that are adapted and designed for use in breaking open buildings, 
vaults, safes, or other depositories in order to steal therefrom, 
.and subjects the offender to imprisonment in the State Prison 
not more than ten years, or to a fine not exceeding one thousand 
dollars and imprisonment in the County Jail not more than 
one year. 

Stealing property in another State and bringing it into 
this, subjects the offender to the same punishment as if the 
offense was committed in this State. 

Willful or malicious injury to shade trees, where the dam- 
age amounts to twenty-five dollars, subjects the offender to 
imprisonment in the State Prison not exceeding Hive years, or 
to a fine not exceeding five hundred dollars, or to imprisonment 
in the County Jail not exceeding one year, at the discretion of 
the Court. 

The removal or disposition of mortgaged property, with 
intent to defraud the person owning the mortgage, is a misde- 
meano?\ and is punishable by fine not exceeding one hundred 
dollars, or by imprisonment in the County Jail not exceeding 
three months, or both. 

Willfully destroying or removing timber from the lands 
of another, amounting to twenty-five dollars in value, subjects 
the offender to imprisonment in the State Prison not more than 
one year, or to a fine not more than five hundred dollars, or to 
imprisonment in the County Jail not more than one year. If 
the value of the timber or trees so taken is less than twenty- 
five dollars, the fine cannot exceed one hundred dollars, or the 
imprisonment three months in the County Jail. 



GOVERNMENT OF MICHIGAN. 155 

To enter a vineyard during the months of August, Sep- 
tember, or October, and eat or carry away any of the fruit 
therefrom, without the consent of the owner or occupant, is an 
offense, and the penalty a fine of five dollars, or twenty days' 
imprisonment in the County Jail, or both. 



Questions — What is said of falsely personating another? Of 
obtaining property under false pretenses? Of the destruction and fit- 
ting out of vessels with certain intent? Of false invoice of cargo, or 
false protest? Of malicious injury to property? What is said of 
having burglar's tools in one's possession ? Of stealing property in 
another State, and bringing it into this? What of injuries to shade 
trees ? Of the destroying or removal of timber from others' lands ? 
Of trespasses in vineyards ? 



CHAPTER LXVL 



OF OFFENSES UPON, AND IN RELATION TO RAILROADS AND 

CARS. 

Any person who shall place upon any railroad any obstruc- 
tion, or loosen, or displace any rail of the track of such railroad, 
or do any other act with intent to endanger the safety of any 
person traveling or being upon such railroad, or to throw from 
such railroad any locomotive, tender, or car, moving along the 
track of such railroad on which shall be any person, or prop- 
erty, liable to be injured thereby, shall be punished by im- 
prisonment in the State Prison for life, or for a term of years. 

Stealing from persons or cars while detained on account 
of accident or injury to such cars or to a railroad, subjects the 
offender to imprisonment in the State Prison not exceeding 
twenty years, or to a fine not exceeding three thousand dollars, 



156 GOVERNMENT OF MICHIGAN. 

or both, at the discretion of the Court. Maliciously uncoup- 
ling, or detaching the locomotive, tender, or cars of any rail- 
road train, or to aid, or abet in doing of the same, by persons 
not in the employ of the railroad company, subjects the 
offender to imprisonment in the State Prison not exceeding 
ten years, or to a fine not exceeding two thousand dollars, or 
both, at the discretion of the Court. 

Seizing upon any locomotive with any express or mail car 
thereto attached, and running away with the same, upon any 
railroad, is a State Prison offense — term not to exceed ten 
years — or the offender may be fined not exceeding two thou- 
sand dollars, or both, as the Court shall determine. 



Questions — What is the law in relation to placing obstructions 
upon railroads? Of stealing from cars, or persons when detained, 
from injury or accident? Of uncoupling cars? Of stealing locomo- 
tives ? 



CHAPTER LXVII. 



OF FORGERY AND COUNTERFEITING. 

Forgery consists in making something in the likeness of 
something else, and designed to represent that which it is not. 
It is defined in the law books as the " making of any written 
instrument for the purpose of fraud and deceit." It may con- 
sist either in counterfeiting some writing or printed matter or 
in setting a false name to it, to the prejudice of another. If 
a signature to a paper be genuine, yet if the instrument writ- 
ten or printed over it is not authorized by the signer, the 
forgery may be complete; or if the instrument be changed 
without authority, after it has been executed, such change may 
constitute a forgery. 



GOVERNMENT OF MICHIGAN". 157 

The forging of instruments or records, designed to affect 
the legal rights of others, with intent to defraud or injure any 
person, subjects the offender, on conviction, to imprisonment 
in the State Prison not more than fourteen years, or in the 
County Jail not more than one year, depending upon the char- 
acter of the instrument forged, and the circumstances sur- 
rounding the particular case. 

The uttering or publishing of forged instruments is punish- 
able the same as for the forgery. 

If any person shall have in his possession at the same 
time, ten or more similar false, altered, forged, or counterfeit 
notes, bills of credit, bank bills, or notes, payable to the bearer 
thereof, or to the order of any person, knowing the same to 
be false, altered or counterfeit, with intent to utter the same 
as true, and to injure and defraud, he shall be punished by 
imprisonment in the State Prison not more than seven years, 
or in the County Jail not more than one year. 

Every person is liable to be punished by imprisonment in 
the State Prison not more than ten years, or by fine not exceed- 
ing one thousand dollars and imprisonment in the County Jail 
not more than one year, who shall engrave, make, or mend, 
any instrument, or shall provide any material adapted or 
designed for the forging of notes, certificates, or other bills of 
credit, or the like, as specified in Chapter 246 of the Compiled 
Laws of Michigan of 1871, or who shall have such plates, or 
materials in his possession, with intent to use the same, or to 
permit them to be used in effecting such forgery. 

Counterfeiting gold or silver coin, or having five or more 
pieces of false money, or coin, knowing the same to be coun- 
terfeit, and with intent to utter or pass the same as true, shall 
be punished by imprisonment in the State Prison for life, or 
for any number of years. 

Any person having in his possession any number of piece-s 



158 GOVERNMENT OF MICHIGAN. 

less than five, of counterfeit coin, knowing the same to be 
counterfeit, with intent to pass the same as true, or passing, 
or offering to pass, any such coin, subjects the offender, on 
conviction, to imprisonment in the State Prison not more than 
ten years, or to a fine not exceeding one thousand dollars. 

The making, or knowingly having in one's possession, 
tools for making counterfeit money, w r ith the intent to use 
them, or to permit them to be used or employed in coining or 
making counterfeit money, subjects the offender on convic- 
tion, to imprisonment in the State Prison not more than ten 
years, or to a fine not exceeding one thousand dollars and 
imprisonment in the County Jail not more than one year. 



Questions — What is forgery? What is the penalty for forgery f 
What is meant by the uttering or publishing of forged instruments? 
The penalty? What of having in one's possession forged notes, bank 
bills, etc. ? What provision is made with reference to making or mend- 
ing implements for making counterfeit bills, etc. V Of the law as to 
persons who have the possession of such tools ? What is the law with 
reference to the counterfeiting of coin ? Of having counterfeit coin in 
one's possession V What is said of the possession or manufacture of 
tools for counterfeiting ? 



CHAPTER LXVIIL 



OF OFFENSES AGAINST PUBLIC JUSTICE. 



PERJURY BRIBERY ESCAPE OF PRISONERS DUTIES OF 

OFFICERS AND OTHERS IK ARRESTING OFFENDERS. 

If any person authorized by the statute of this State to 
take an oath, or if any person of whom an oath shall be 
required by law, shall wdllfully swear falsely in regard to any 



GOVEENMENT OF MICHIGAN. 159 1 

matter or thing respecting which such oath is authorized or 
required, such person shall be deemed guilty of perjury. 

The punishment for perjury, if committed on the trial of 
treason against the State, is imprisonment in the State Prison 
for life, or any term of years, and if committed in any other 
case, by imprisonment in the State Prison not more than 
fifteen years. 

Persons who procure others to commit perjury are subject 
to the same penalty as those who commit perjury. If any 
person shall attempt, though unsuccessful, to induce a person 
to commit perjury, he shall be punished by imprisonment in 
the State Prison not more than live years, or imprisonment in 
the County Jail not more than one year. 

To give or to offer to any Legislative, Judicial, or Execu- 
tive officer any gift or gratuity, with intent to influence his 
official action, vote, or opinion, subjects the offender to impris- 
onment in the State Prison not more than five years, or to a fine 
not exceeding three thousand dollars and imprisonment in the 
County Jail not more than one year. 

To accept a bri»be, by such officers, with the understandings 
that his vote, decision, or opinion, shall be given in a particu- 
lar manner, or upon a particular side of a question, subjects 
the offender to imprisonment in the State Prison not more 
than ten years, or to a fine not exceeding five thousand dollars 
and imprisonment in the County Jail not more than one year. 

The giving, offering to, or taking bribes, by jurors or 
others, not included in the preceding paragraphs, who act in 
an official capacity, is punishable by imprisonment in the State 
Prison not exceeding five years, or by fine not exceeding one 
thousand dollars, or by imprisonment in the County Jail not 
more than one year. 

Aiding persons lawfully imprisoned, or in custody, to 
escape, subjects the offender to severe punishment, depending 



160 GOVERNMENT OF MICHIGAN. 

upon the nature of the offense with which the prisoner is 
charged, and the manner in which such assistance is rendered. 
This punishment varies, and may be a fine not exceeding five 
hundred dollars, imprisonment in the County Jail not exceed- 
ing one year, and in some cases imprisonment in the State 
Prison not exceeding seven years. 

Jailors and others, having the lawful custody of prisoners, 
are liable for voluntarily or negligently, permitting them to 
escape. If the act is willful, the officer is liable to suffer the 
like punishment as the person he permits to escape. 

Officers required to arrest offenders or to serve any pro- 
cess, are subject to severe penalties and even imprisonment, in 
some cases, for two years in the County Jail, for refusing to 
make such arrest or serve such process. Sheriffs, Coroners, 
and Constables have a right to call upon any person or persons 
to assist them in the execution of their office, in any criminal 
case, or in the preservation of the peace, or the arresting of 
any person for a breach of the peace, or in case of escape of 
persons arrested upon civil process; and to refuse such assist- 
ance, subjects the offender, on conviction, to imprisonment in 
the County Jail not more than six months, or to a fine not ex- 
ceeding one hundred dollars. The same penalty may be 
incurred by refusing to obey a Justice of the Peace, who may 
order the arrest of persons guilty of a breach of the peace. 



Questions — What is perjury, under the statutes of Michigan? 
What is the penalty ? What is said of procuring, or attempting to pro- 
cure others to commit perjury ? What is the law in relation to bribery ? 
In relation to aiding prisoners to escape ? Permitting them to escape ? 
How may officers be punished for refusing to discharge certain duties ? 
What right have certain officers to assistance ? What is the penalty for 
a refusal to render such assistance, or to obey the order of a Justice of 
the Peace in relation to the arrest of d.stupbers of the peace? 



GOVERNMENT OF MICHIGAN. 161 



CHAPTER LXIX. 



OF CERTAIN OFFENSES ■ — FALSELY ASSUMING TO BE A PUBLIC 

OFFICER — CONCEALING OR COMPOUNDING OFFENSES 

EXTORTION BY OFFICERS RESISTANCE TO OFFICERS 

RIOTS MOLESTATION OF LABORERS. 

If any person shall falsely take upon himself to act or 
officiate in any office or place of authority, he shall be pun- 
ished by imprisonment in the County Jail not more than one 
year, or by fine not exceeding four hundred dollars. 

Persons having knowledge of the commission of crimes, 
who, for a consideration, conceal such knowledge, or who 
attempt to settle and compromise such offense, so as to pre- 
vent a prosecution for the same, may be punished therefor — 
the punishment being graded according to the nature of the 
offense sought to be concealed or compromised, the highest 
punishment being imprisonment in the State Prison for five 
years. This, however, does not apply to cases of assault and 
battery, and other misdemeanors, where the settlement is 
effected by the injured party, who would have a remedy by a 
civil action, for damages. 

Officers who willfully and corruptly demand and receive 
for their services more than the law allows, may be punished 
for such extortion, by a fine not exceeding one hundred dollars. 

Resistance to officers engaged in the discharge of their 
duties, is an offense, and subjects the offender to imprison- 
ment in the State Prison not to exceed two years, or imprison- 
ment in the County Jail not to exceed one year, or to a fine not 
exceeding five hundred dollars. 
11 



162 GOVERNMENT OF MICHIGAN. 

The assembling together of persons to disturb the peace 
and quiet of the people, or to engage in any unlawful conduct, 
is an offense. See Chapter 248 of the Compiled Laws of 1871. 

Persons who, by threats, intimidations, or otherwise, 
without authority of law, interfere with and molest mechanics 
and other laborers in the quiet and peaceable pursuit of their 
avocations, may be punished by fine of not less than ten dol- 
lars, nor more than one hundred dollars, or by imprisonment 
in the County Jail not less than one month, nor more than one 
year, or by both fine and imprisonment, in the discretion of 
the Court. 



Questions — What is the penalty for falsely assuming to be an offi- 
cer ? What provision is made to prevent the concealing of crime ? 
What is the law in relation to extortion by officers ? In relation to 
resistance to officers ? What is said of riotous assemblies and of 
efforts to molest mechanics and laborers while at work ? 



CHAPTER LXX. 



OFFENSES AGAINST CHASTITY, MORALITY, AND DECENCY. 

Severe penalties are prescribed for offenses against 
chastity and decency. The punishment therefor will be found 
stated in Chapter 249 of the Compiled Laws of Michigan. 

The ill effects of obscene books, or prints, upon the morals 
of those who allow themselves to read or even look upon them, 
is so apparent, that in most, if not all the States, heavy penal- 
ties have been provided for the punishment of those who dis- 
tribute, or have in their possession, such books or prints. 

In this State it is provided that if any person shall im- 
port, print, publish, sell or distribute any book, pamphlet, bal- 



GOVERNMENT OF MICHIGAN. 163 

laa, printed paper, or other things, containing obscene lan- 
guage, or obscene prints, pictures, figures, or descriptions 
manifestly tending to the corruption of the morals of youth, 
or shall introduce into any family, school, or place of educa- 
tion, or shall buy, procure, receive, or have in his possession, 
any such book, pamphlet, ballad, printed paper, or other 
things, either for the purpose of sale, exhibition, loan, or cir- 
culation, or with intent to introduce the same into any family, 
school, or place of education, shall be punished by imprison- 
ment in the County Jail not more than one year, or by fine not 
exceeding one thousand dollars. 

If any person shall willfully blaspheme the holy name of 
God, by cursing or contumelioitsly reproaching God, he 
shall be punished by imprisonment in the County Jail not more 
than six months, or by fine not exceeding fifty dollars. 

If any person who has arrived at the age of discretion 
shall profanely curse or damn, or swear by the name of God, 
Jesus Christ, or the Holy Ghost, he shall, on conviction thereof, 
be punished by a fine not exceeding five dollars nor less than 
one dollar. 

Disturbing religious, or other meetings, where the citizens 
are peaceably and lawfully assembled, is an offense punishable 
by fine or imprisonment in the County Jail. 

Provision has been made by law to punish those who, 
without legal authority, dig up, disinter, or remove the dead 
body of any human being. The penalty provided, is imprison- 
ment in the State Prison not more than one year, or in the 
County Jail not more than one year, or a fine not exceeding 
two thousand dollars. 

It is provided that if any person shall willfully destroy, 
mutilate, deface, injure, or remove any tomb, monument, 
gravestone, or other structure or thing placed or designed for 
a memorial of the dead, or any fence, railing, curb, or other 



164 GOVERNMENT OF MICHIGAN. 

thing intended for the protection or for the ornament of any 
tomb, monument, gravestone, or other structure before men- 
tioned, or of any inclosure for the burial of the dead, or shall 
willfully destroy, mutilate, remove, cut, break, or injure any 
tree, shrub, or plant, placed or being within any such inclosure, 
the person so offending shall be punished by a fine not exceed- 
ing five hundred dollars, nor less than ten dollars, or by im- 
prisonment in the County Jail not more than one year. 

Persons who engage in, or who aid, or encourage any 
prize-fight, are liable to be punished therefor by imprisonment 
in the State Prison not exceeding five years nor less than one 
year, or by fine not exceeding two thousand dollars, or by 
both fine and imprisonment, at the discretion of the Court. 
It is also unlawful to be present at such fight, or to give, or 
publish notice thereof, or to invite any person to attend such 
fight, under a penalty of imprisonment in the County Jail or 
in the Detroit House of Correction not exceeding one year, or 
a fine not exceeding five hundred dollars. 

Selling unwholesome provisions without notice of their 
character to the buyer ; adulterating food, liquors, drugs, or 
medicines, are offenses subjecting the offender to a fine or im- 
prisonment in the County Jail. 

Persons who sell poisons are required to affix to the vial, 
box, or parcel containing the same, a label which shall contain 
the true name of the article sold, and also the word " Poison." 
A failure to comply with this provision, subjects the offender 
to a fine not exceeding one hundred dollars. Persons selling 
poisons are also required, under a penalty not exceeding fifty 
dollars, to keep a record of the date of all such sales, the arti- 
cle and the amount thereof, and the person or persons to 
whom delivered, and their residence. 

If any person shall put the carcass of any dead animal, 
in any place within one mile of the residence of any person, 



GOVERNMENT OF MICHIGAN. 165 

except the same be buried at least two feet under ground, and 
permit the same to remain there to the injury or annoyance of 
the citizens, he shall, on conviction, be punished by a fine of 
not less than five nor more than ten dollars and costs. 



Questions — What chapter of the Compiled Laws treats of offenses 
against chastity ? What provision of law is made with reference to 
obscene books and prints ? What is the law in relation to blasphemy ? 
The penalty for profane swearing ? For disturbance of meetings, &c ? 
For violation of sepulture ? For injuring tombs and memorials of the 
dead ? What is the law in relation to prize-fighting ? Selling unwhole- 
some provisions ? Adulterating food, liquors, &c. ? What provision 
is made concerning the selling of poisons? In relation to the burial 
of dead animals? 



CHAPTER LXXI. 



OF OFFENSES AGAINST PUBLIC POLICY LOTTERIES TELE- 
GRAPHIC MESSAGES OFFENSES AGAINST ELECTION LAWS 

CRUELTY TO ANIMALS. 

It is unlawful to set up and promote, or in any way to 
aid or be concerned in the setting up, managing or drawing of 
any lottery, or gift enterprise, or to sell tickets therefor ; and 
it is provided that persons guilty of such offense shall be 
punished by a fine not exceeding two thousand dollars, or by 
imprisonment in the County Jail not more than one year. 

Telegraphic Messages. — Any person connected with any 
telegraphic company in this State, who shall willfully divulge 
the contents, or the nature of the contents of any private 
communication intrusted to him or her, for transmission or 
delivery, or who shall willfully refuse or neglect to transmit 
or deliver the same, shall, on conviction therefor, suffer impris- 



166 GOVERNMENT OF MICHIGAN. 

onment in the county jail or work-house in the county where 
such conviction shall be had, for a term of not more than three 
months, or shall pay a fine not to exceed five hundred dollars, 
in the discretion of the Court. 

Offenses Against Election Lairs. — Officers who willfully 
neglect their duties under the election laws, or who are guilty 
of corrupt conduct in executing the same, are liable to impris- 
onment in the State Prison not exceeding three years, or to a 
fine not exceeding one thousand dollars. 

Persons who by any corrupt means attempt to influence 
an eleetor in giving his vote, are liable to a fine not exceeding 
five hundred dollars, or to imprisonment in the County Jail 
not exceeding one year, or both, as the Court shall direct. 

Persons who vote without a legal right to do so, and per- 
sons who attempt to persuade others to vote when they have 
no legal right to vote, may be fined, not exceeding five hun- 
dred dollars, or be imprisoned in the County Jail not exceed- 
ing one year, or both, in the discretion of the Court. 

Persons unlawfully interfering with any ballot-box, during 
the progress of an election, and before the ballots are counted 
and the result declared, or who shall fraudulently or forcibly 
add to or diminish the number of ballots legally deposited, 
and all persons aiding or abetting therein, shall be adjudged 
guilty of a misdemeanor, and on conviction thereof, shall be 
punished by imprisonment in the State Prison for a term not 
exceeding ten years, or by a fine not exceeding one thousand 
dollars. 

Cruelty to Animals, — Persons guilty of cruelty to ani- 
mals may be punished by imprisonment in the County Jail 
not exceeding one year, or by fine not exceeding two hun- 
dred and fifty dollars, or both. Such cruelty may consist in 
over-driving, over-loading, want of food, drink, or shelter, 
want of protection from the weather, beating or mutilating, 



GOVERNMENT OF MICHIGAN. 167 

or in any other way by which the animal is tortured or tor- 
mented. 

Keeping a place for the purpose of fighting or baiting 
animals, is a misdemeanor. 

The law forbids the carrying of live animals with their 
legs tied together, or in any cruel and inhuman manner. 

Railroad companies are not permitted to keep live ani- 
mals in their cars for a longer period than twenty-eight con- 
secutive hours, without unloading them for rest, water, and 
feeding, for a period of at least five consecutive hours, unless 
prevented from so unloading, by storm, or other accidental 
cause. 

Setting Fire to Woods, &c. — Every person who shall 
willfully or negligently set fire to any woods, prairies, or 
grounds, not his own property, or shall willfully or negligently 
permit any fire to pass from his own woods, prairies or 
grounds, to the injury or destruction of the property of any 
other person, maybe fined not exceeding one thousand dollars, 
or be imprisoned in the County Jail not exceeding one year, 
or both, in the discretion of the Court ; and shall be liable to 
the party injured in double the amount of damages sustained. 



Questions — What is the law as to lotteries? Disclosing of the 
contents of telegraphic messages ? What is the punishment for negli- 
gence or corruption on the part of election officers ? For improperly 
influencing voters ? For voting without legal authority, or attempting 
to persuade others to do so ? What is said as to interfering with the 
ballot box? What is the penalty for cruelty to animals? Mention 
some of the acts or omissions constituting cruelty ? What is said as 
to the manner of carrying animals? What is required of railroad 
companies carrying live stock ? State what is said as to setting fire to 
woods, prairies, or other grounds ? 




UNITED STATES CAPITOL. 



GOVERNMENT OF THE UNITED STATES. 



CHAPTER I. 



COLONIAL GOVERNMENTS GOVERNMENT UNDER THE ARTICLES 

OF CONFEDERATION ORGANIZATION OF THE FEDERAL 

GOVERNMENT. 

In the early history of this country the people were sub- 
jects of the British Empire. Extensive grants of territory were 
conferred upon individuals and companies. Some of these 
grants conferred certain powers of government. Out of these 
grants Colonies were organized, with charters specifying what 
governmental powers might be exercised. They authorized 
the establishment of Legislatures to make laws for the gov- 
ernment of the people, provided such laws should not conflict 
with the laws of the British Parliament. 

Governors for the Colonies were appointed by the King 
of England, in whom was vested executive authority. 

The Colonies, while subject to Great Britain, were entirely 
independent of each other. 

In course of time the British Government became exact- 
ing and oppressive towards the Colonies, denying them many 
of the privileges that had been granted by their charters. 

In 1765, at the request of the Massachusetts Legislature,, 
the different Colonies sent representatives, or delegates, to 



170 GOVERNMENT OF THE UNITED STATES. 

meet in convention to counsel together concerning their diffi- 
culties with the British Government. In the same year dele- 
gates from nine Colonies met in New York, and agreed upon, 
and signed petitions and memorials representing their grounds 
of complaint, and forwarded them to the King. 

September 5, 1774, delegates from eleven of the Colonies 
met at Philadelphia. This body was called the Continental 
Congress. It adjourned in October, to meet again in May, 
1775. Various measures were adopted designed to protect 
the people against the encroachments of the mother country, 
and on the 4th of July, 1776, Congress declared the Colonies 
to be free and independent States. 

Thus far, no provision had been made for incorporating 
the States into one nation for the purposes of government ; 
but believing it to be necessary for their mutual protection 
and safety, in November, 1776, a plan of union was agreed 
upon. This plan was set out in a writing called, " Articles of 
Confederation and perpetual union between the States," and 
was to become operative, that is, go into eifect, when adopted 
by the Legislatures of all the States. 

In 1778, the articles w^ere adopted by eleven of the 
States ; in 1779, by one, and by the thirteenth and last, in 
1781. So that, on the 23d of March, 1781, the new govern- 
ment went into operation, under the name of the United 
States of America. 

It was soon found that the Articles of Confederation did 
not confer sufficient power upon the National Government, to 
make it effective. Its powers were vested in Congress ; and 
no provision had been made for an executive or a judicial 
department. It could pass laws, bat could not enforce them. 
It could determine how many men and how much money each 
State should furnish to carry on the war, but it was left for 
the States to execute the law. If they refused, there was no 



GOVERNMENT OF THE UNITED STATES. 171 

law to compel them to comply. To defray the expenses of 
the war, Congress borrowed large sums of money ; several 
millions of which was from Holland and France. 

Another difficulty arose from the fact that different States 
enacted laws giving their own citizens undue advantages over 
the citizens of other States. 

To enable the National Government to control, iri need- 
ful cases, the action of the States, it was found necessary to 
confer greater powers upon it. So, in May, 1787, delegates 
chosen by all the States, except Rhode Island, assembled at 
Philadelphia, and adopted our present constitution. This was 
submitted to the people of the States for their approval. 

The people chose delegates in each State to attend State 
Conventions, with power to approve or reject the proposed 
constitution. These Conventions approved the constitution, 
and thus our present Government was established. 

The Constitution of the United States may be said to be 
an agreement of the different States with each other, as to 
the form and powers of the National Government. It con- 
fers certain powers of government and control over the 
States and the people of the United States. Hence, we refer 
to the Constitution and the Government as the Federal Con- 
stitution, or the Federal Government. 



Questions — Of what Government were the people of this country 
formerly subjects? What is said of the organization of Colonies? 
Who appointed the Governors ? What action was taken by the Colo- 
nies in 1765 ? In 1774 ? In 1776 ? When were the Articles of Con- 
federation adopted? What powers had the Government under the 
Articles of Confederation? What was the occasion for a change in 
the government? How, and when was this change effected? What is 
said of the Constitution of the United States ? 



172 GOVERNMENT OF THE UNITED STATES. 



CHAPTER II. 



EXECUTIVE DEPARTMENT OP THE GOVERNMENT OF THE UNITED 
STATES THE DIFFERENT SECRETARIES AND THEIR DUTIES. 

The Executive Department of the Government is vested 
in the President. The duties of the President and Vice- 
President are similar to those of the Governor and Lieutenant- 
Governor of a State. The President appoints the officers 
necessary to assist him in executing the laws. 

Most of the executive business is done through de- 
partments; and each department has a head officer, called a 
Secretary. 

The Secretary of State performs for the National Govern- 
ment duties similar to those performed by the State Secretaries, 
for the States; and in addition thereto, he has charge of our 
affairs with foreign nations, and gives directions, under the 
President, to our foreign Ministers and Consuls. 

The Secretary of the Treasury has charge of, and conducts 
the financial affairs of the Government. Amongst other things, 
it is his duty to attend to the collection of funds for the sup- 
port of the Government; to make out and report to Congress, 
estimates of the public revenues and expenses, and to inform 
that body what appropriations will be needed for the use of 
the Government. 

The Secretary of War has charge of the Military De- 
partment. 

The Secretary of the Navy has the charge of the business 
relating to the Navy. 



GOVERNMENT OF THE UNITED STATES. 173 

The Attorney-General is the legal adviser of the President 
and heads of the various Departments, and prosecutes suits in 
the Supreme Court of the United States. 

The Postmaster-General has the general supervision of 
postoffices, and of the carrying and distributing of the mails. 

The Secretary of the Interior has charge of the Indian, 
land, pension, and patent matters. 

The heads of these several Departments constitute the 
President's Cabinet, and are his counsellors and advisers. 



Questions — In whom is the Executive Department of the United 
States vested ? Does the President execute the laws in person ? How 
does he execute them ? Name the chief department officers. What 
are the duties of each ? 



CHAPTER III. 



LEGISLATIVE DEPARTMENT OF THE GOVERNMENT OF THE 
UNITED STATES. 

The Legislative Department is vested in Congress, con- 
sisting of two bodies: a Senate and House of Representatives. 

The Senate has two members from each State, who are 
elected for six years. 

The Vice-President is the presiding officer of the Senate. 

The advice and consent of the Senate is necessary for the 
appointment of many of the officers of the Government. 

When charges are preferred against certain officers of the 
United States, the Senate tries them; and when sitting for 
that purpose, is a Court of Impeachment. The Chief Justice 
of the Supreme Court presides on such occasions. 



174 GOVERNMENT OF THE UNITED STATES. 

In matters of legislation, the proceedings of the two 
Houses of Congress are similar to those of the two branches 
of the State Legislature. The members of the House of 
Representatives hold their offices for two years. The States 
are divided into districts, and a member is elected in each 
district. 

The powers of Congress are delegated to it by the Con- 
stitution; and in this respect it differs from the State Legisla- 
tures. The State Constitutions prescribe and indicate what 
the Legislatures may not do; the Federal Constitution declares 
what Congress may do. Hence, in determining whether an 
act of Congress is constitutional, the question is, " Does the 
Constitution authorize the act?" — and in determining whether 
an act of a State Legislature is constitutional, the question is, 
" Does the Constitution forbid it?" 



Questions — In what body is the Legislative Department of the 
Government vested? How many members has the Senate ? Mention 
some of the duties of the Senate, not pertaining to the ordinary mat- 
ters of legislation. How are members of the House elected ? How 
long is their term of office ? What is said of the powers of Congress t 
In what respect do the powers of Congress differ from the powers of 
the State Legislatures? What is the test of the constitutionality of an 
act? 



CHAPTER IV. 



JUDICIAL DEPARTMENT OF THE GOVERNMENT OF THE UNITED 

STATES. 

The Federal Constitution provides that the Judicial power 
of the United States shall be vested in one Supreme Court, 
and such inferior Courts as Congress may, from time to time> 



GOVERNMENT OF THE UNITED STATES. 175 

establish. It also enumerates the duties and powers of these 
Courts. 

The Supreme Court consists of nine members. 

The United States is divided into ten Circuits, and a Judge 
is appointed in each Circuit. The Circuit Courts revise the 
decisions of the District Courts, and in addition to certain 
civil causes they may try, they have jurisdiction for the trial 
of the highest crimes against the United States. When a 
Justice of the Supreme Court of the United States is present 
at a Circuit Court, he presides. The Judge of a District 
Court sometimes sits with the Circuit Judge, in which case the 
Circuit Judge presides. 

District Courts are established throughout the United 
States. In each State there is at least one District Court. 
This Court has jurisdiction in admiralty, bankruptcy, and 
many other cases. It also has jurisdiction over offenses against 
the laws of the United States. 

In addition to these, Congress has established a Court of 
Claims, for the adjudication of claims against the Government. 



Questions — What provision is made in the Constitution for the 
establishment of Courts? Of how many members is the Supreme 
Court composed? How many Circuit Courts are there in the United 
States? What is said of the jurisdiction of Circuit Courts? What 
Judge presides in the Circuit Court? What is said of the establish- 
ment of District Courts? Of their jurisdiction? Of the Court of 
Claims ? 



APPENDIX. 



DEFINITION OF CERTAIN WORDS, AS USED IN THIS VOLUME. 

Abscond^ to hide, or secrete one's self. 

Acquiescence, compliance, consent. 

Action, legal demand of one's rights, in court, or, a crim- 
inal prosecution. 

Adhering, to remain with, to take sides with. 

Adjust, to regulate, put in order. 

Administer, to supply, to act as an agent in doing a thing, 
or, enforcing a law or the like. 

Administration, the act of administering. 

Admissibility, proper, or worthy to be admitted. 

Adulterating, corrupting, polluting, debasing. 

Adultery, sexual intercourse between a married person 
and one to whom such person is not married. 

Affidavit, an oath in writing. 

Affirmation, confirmation, declaration. 

Affirm, to declare, tell or indorse confidently. 

Aforesaid, said before, named before. 

Aggregate, the sum or result of various particulars. 

Agreement, compact, bargain. 

Agricidtiire, tillage, husbandry, cultivation of the soil. 

Alderman, an officer of an incorporated town, an incor- 
porated magistrate. 

Alien, a foreigner who has not been naturalized. 

Allegiance, the duty of a subject. 

Allegations, affirmations, statements or pleas. 

Amulet, an ornament, gem, scroll or the like, worn as a 
charm to prevent disease or other injury. 
12 



178 APPENDIX. 

Ancestor, one from whom a person descends — one from 
whom an inheritance is derived. 

Apparent, plain, evident, certain. 

Apparatus, tools or instruments for any trade. 

Appendix, addition, supplement. 

Apportion, to divide into just parts. 

Apprentice, one bound to serve a tradesman. 

Appropriate, to assign to any particular use, to make use 
of — fit, proper. 

Appurtenance, that which belongs to something else. 

Anns, weapons. 

Artificial, made by art, not natural. 

Assault, to attack, invade. 

Assemble, to meet together, or call together. 

Assign j to make out, transfer. 

Atrocious, wicked, heinous, enormous. 

Avocation, employment. 

Bailee, one to whom goods are intrusted. 

Bar, to prevent, prohibit. 

Battery, an unlawful touching of another's person. 

Beverage, liquor for drinking to gratify appetite, or 
quench thirst. 

Bind out. These words refer to the agreement by which 
a person is held to service by another. 

Board, several persons united to discharge some duty 
prescribed by law. 

Body Politic, the people united together for the purpose 
of government. 

Breach of trust, misappropriation of a thing that has been 
intrusted to another in confidence. 

Breviary, a book containing the service of the Roman 
Catholic or Greek Church. 

Candidate, one who asks for a place. 

Cassock, a cloak or gown worn over other garments. 

Certify, to give certain information. 

Certiorari, to be certified to — the name of a writ com- 
manding an inferior court to certify and return the record of 
its proceedings to a higher court. 



APPENDIX. 179 

Chancery, a coart of equity and conscience. 

Character, one's moral state or condition, reputation. 

Charter, a privilege granted by the government. 

Civilized, polished, improved, civil. 

Classify, to range in order, grade, or rank. 

Classification, the act of forming into classes. 

Cohabitation, living together. 

Command, to order, govern, overlook. 

Common-law, rules of action founded on long usage and 
the decisions of courts of justice, in distinction from the 
statute or written law. 

Common-l 'aw jurisdiction, not confined, in the exercise of 
jurisdiction, exclusively to the statutes or written laws [See 
Common-law]. 

Community, the body politic. 

Commutation, alteration, to exchange, or substitute, one 
thing for another. 

Compensation, recompense. 

Committed, sent to prison. 

Complaint, an accusation. 

Confederation, a compact for mutual support or protection. 

Conferred, bestowedo 

Conflict, disagreement. 

Conjunction, united, associated, union. 

Convention, an assembly of delegates, or representatives, 
to accomplish some specific object. 

Consecutive, following in regular order. 

Conscientious, just, exact; disposition to be and do right. 

Contagious, infectious, catching. 

Contumeliously, with reproach, contempt, insolently. 

Convene, to call together, to assemble. 

Contract, bargain, agreement. 

Costs, expenses of a suit, which may be recovered from 
the losing party. 

Countersign, the signature of a secretary or other subor- 
dinate officer to a writing signed by the principal or superior, 
to attest its authenticity. 

Crime, an offense against public law. The word is gen- 
erally used to indicate a felony. 

Cultivate, to improve. 



180 APPENDIX. 

Deceased, departed from life, dead. 

Decrepit, wasted and worn by age. 

Deem, to judge, to conclude, to think. 

. Deface, to destroy, to raze, to disfigure. 

Default, an omission, defect, failure. 

Defendant, the person prosecuted. 

Defraud, to rob by a trick, to cozen. 

Delegate, an agent, to depute, commissioner. 

Deliberate, to consider with care. 

Dependent, reliance upon, or in the power of another. 

Department, separate office, a division of the govern- 
ment. 

Descent, coming down, derivation, or from an ancestor. 

Designate, to point out, to distinguish. 

Detention, the act of detaining, restraining. 

Devise, the act of giving or disposing of real estate by a 
will. 

Diagram, a figure or drawing. 

Diploma, a document conferred by an educational insti- 
tution, certif} T ing to a degree of attainment or advancement 
in scholarship. 

Discipline, to educate, to keep in order. 

Discretion, prudence, liberty of action. 

Disfigure, to deform, deface, mangle. 

Diversion, turning aside from any course, occupation, or 
object. 

Division, to divide, to set apart. 

Domestic, belonging to the house, or home, or family. 

Draft, to draw by lot ; also, a bill drawn on another for 
money. 

Duplicate, an exact copy of anything. 

Duress, imprisonment or restraint. 

Effective, able, efficient, active. 
Elector [see page 42]. 

Eligible, fit to be chosen, possessing the requisite legal 
qualifications. 

Enactment, to establish by law. 

E ncroachment, intruding upon the rights of others. 

Ensue, to follow, to succeed. 



APPENDIX. 181 

Entitled, having a right to. 

Equity, justice, right, honesty, impartiality. 

Equitable, in an impartial manner. 

Erection, a building. 

Escheat, property that falls to the State, for want of any 
person to inherit it. 

Essential, necessary, very important. 

Established, settled, firmly fixed, located. 

Estate, the interest or right one has in a thing, property. 

Estate of inheritance, a perpetuity in lands to a man and 
his heirs ; or it is the right to succeed to the estate of a per- 
son who died without having made a will. 

Estimate, to rate, to set a value, or price upon; to calculate. 

Exacting, to force, to extort, to enjoin. 

Exempt, to free from, to privilege. 

Extraordinary, not common, unusual. 

Expedient, proper, convenient, fitness. 

Explorers, those who search through, or travel over, for 
the purpose of discovery. 

Facilitate, to make clear, or easy. 

Federal, pertaining to an agreement between parties, a 
compact. 

Felony, a crime punishable by death, or imprisonment in 
the State Prison. 

Filed, deposited with the proper officer. 

Fish weir, a dam built to stop and raise the water for the 
taking of fish. 

Fisheries, a place for propagating fish. 

Flume, the passage or channel for the water which pro- 
pels the wheel of a mill. 

Forfeit, a penalty for an offense. 
'Forfeiture, the act of forfeiting ; a fine. 

Foreigners, persons of other countries. 

Fraudulently, by fraud, treacherously. 

Freeman, one who enjoys liberty, or one who is not sub- 
ject to the will of another ; one who enjoys, or is entitled to, 
.a franchise, or privilege. 

Fuel, material used for fire. 

Fundamental, foundation, original, essential. 



182 APPEXDIX. 

Govern^ to control, or regulate. 

Grade, rank, to arrange by degrees. 

Grants gift, to bestow, a conveyance. 

Guest, visitor, one entertained. 

Guide ) to direct ; as a noun it is one who directs. 

Guide-board^ a board containing directions to travelers. 

Guide-post) a post containing directions to travelers. 

Habitually ) customarily, by habit. 

HeirS) one who inherits by law, a successor. 

HeinouS) very wicked, atrocious. 

Hereditament) anything that may be inherited, whether 
real, personal, or mixed. 

Hospital) a building in which the sick or infirm are re- 
ceived and treated. 

Hospitality) liberality in entertaining. 

Householder) the head of a family in possession of a house. 

Impeachment) a written accusation by the House of Rep- 
resentatives of the United States to the Senate of the United 
States against an officer. The lower Houses of State Leg- 
islatures also present articles of impeachment to the Senates 
against State officers for misconduct. 

Importation) act of bringing from abroad, from without 
the State. 

Impotent) incapacity to propagate the species. 

Impressment) the act of seizing for public use, or of im- 
pressing into the public service. 

Incur) to become liable to. 

Incorporated [see page 76], 

Infantry) the foot soldiers of an army. 

Indigent) poor, having but little, if any property. 

Infected) tainted, poisoned, polluted. 

Infirmity) weakness, failing, disease. 

Inhabitant^ one who has a fixed residence in a place. 

Inheritance [see estate of inheritance]. 

Inscription) a title, name, or character. 

Inserted, placed among other things. 

Installments) the parts of a debt due at different times. 

Instituted) established, fixed. 



APPENDIX. 183 

Instrument, a writing containing the particulars of some 
act, contract, writ, or proceeding. 

Insurrection, a rebellion of citizens, or subjects of a 
country, against its government. 

Intermarry, to become connected by marriage. 

Intersect, to cut into, or cross each other. 

In transitu. Things are in transitu during their removal 
from one place to another. 

Invalid, without legal force, or effect. 

Invasion, the entry of a country by a public enemy, 
making war. 

Issue, the point or question in controversy between con- 
tending parties. When applied to the descent of estates, it 
includes all the lawful, lineal descendants of the ancestor. 

Jesuit, one of a religious order, of the Roman Catholic 
Church, founded by Ignatius Loyola, and approved in 1540, 
under the title of The Society of Jesus. The members take 
three vows : poverty, chastity, and obedience. 

Juggler, one who plays tricks. 

Jurisdiction, legal authority, a district. 

Juvenile, youthful, young. 

Kindred^ relatives by blood or marriage, more proper2y 
the former. 

larceny, stealing, theft. 
Lascivious, lustful, lewd. 
Lessee, one who takes an estate by lease. 
Levy, the act of raising money or men ; to collect. 
Lewd, disposition for lust. 
Libel, a defamatory publication, satire. 
Lien, a charge upon property, for the payment of a debt. 
License, an authority given to do an act, which without 
such authority would be illegal. 
Lieu, in place of, instead of. 
Limit, to restrict. 
Limitations, restrictions. 

Lineal, descending in a direct line from an ancestor. 
List, a roll, or catalogue. 



184 APPEXDIX. 

Lock, the barrier, or works which confine the water of a 
stream or canal. 

Magazine, a store -house. 

Maliciously, with the spirit and intention of harm and 
#iischief. 

Mayor, a chief magistrate of a city. 

3Iaim, to wound, cripple. 

Malice, a spirit desiring harm, without just cause. 

Mechanical, skilled in mechanics. 

31emorial, something to preserve memory. 

Menace, to threaten. 

Jfichilimackinac, probably derives its name from the In- 
dian words Michi-Mackinac, meaning a great truth, or from 
the Chippewa words Michine-Maukinonk, meaning the place 
of giant fairies. 

Mile-ooard, a board on which distances are indicated. 

Mile-stone, a stone on which distances are indicated. 

Minor, one not of legal age to make a binding contract — 
smaller, less important. 

Misdemeanor, an offense less heinous than a crime. 

Mission, a station or residence for missionaries. 

Missionary, one who is sent upon a mission; especially, 
one sent to propagate religion. 

Mode, form, fashion. 

Moral, just, honest, upright. 

Monument, a pillar, statue, or other thing, to perpetuate 
the memory of a thing or person ; a landmark. 

Mountebank, a quack, a stage doctor. 

Mastering, assembling, reviewing, collecting, or register- 
ing forces. 

Municipal, belonging to a corporation. 

Natural Science, the science of nature, as distinguished 
from the art or skill of man. 

Native, All persons born in the United States are con- 
sidered as natives. 

Negotiable, that which may be transferred by assignment. 

Non-resident, one who does not reside on his own lands. 

Nuisance, something noxious or offensive. 



APPENDIX. 185 

Oath, a solemn affirmation which God is called upon to 
witness. 

Obligation, agreement, contract, bond. 
Offal, waste meat, refuse, unfit for use. 
Office, a public employment. 
Officer, one engaged in a public employment. 
Offense, transgression, injury, violation of law. 
Operative, having the power of acting. 
Organized^ formed, arranged. 

Pardon, forgiveness, remission. 

Parental, pertaining to parents. 

Pauper, a poor person who receives alms, or is supported 
at the public charge. 

Pecuniary, pertaining to money. 

Penalty, a punishment, forfeiture. 

Personate, to counterfeit, to represent. 

Pertain, to belong, to relate. 

Permanent, lasting, unchanged. 

Personal Property, temporary and movable property*. 

Perjury [see page 158]. 

Petitions, requests, entreaties. 

Plaintiff, the party who commences a suit. 

Plurality, a greater number than some other, but not a 
majority of all. 

Political, pertaining to a regular system or administration 
of government. 

Polygamy, having more than one wife, or husband. 

Posthumous children, those born after the death of the 
father, or taken from the dead body of the mother. 

Premeditated, to think beforehand. 

Preceding, to go before in rank or time. 

Prescribe, to order, direct. 

Principal, chief. 

Prior, antecedent, former, anterior. 

Provocation, a cause of anger. 

Provided, stipulated as a condition, on condition. 

Proving, evincing, ascertaining as truth. 

Professional, relating to a profession. 

Propagate, to generate, increase. 



186 APPENDIX. 

Process, a writ issued out of a court. 

Proficiency, improve m e n t . 

Protest, a declaration against a thing; a written declara- 
tion of the master of a vessel that an injury to it was not 
occasioned by his fault. 

Prothonotary , a register or chief clerk of a court, in par- 
ticular States. 

Punt-gun, a small cannon, carried on a flat-bottomed boat, 
and usually used for sporting. 

Puppet-Show, mock play by images. 

Qualified, made fit; accomplished. 

Quorum, a sufficient number to transact business. 

Mange, to place in order, ranks. 

Meal property, lands. 

Mebellion, insurrection by the people against their own- 
country. 

Meclaim, reform, correct, recall. 

Mecover, to win back, to gain as a compensation. 

Melatively, having relation to something else. 

Melevant, relative to 3 relating to. 

Menounce, disavow. 

Meproaching , censuring, upbraiding. 

Mepresentations, representing, describing, showing. 

Meprieve, to respite from punishment. 

Mestrain, to withhold, repress, limit. 

Mesident) dwelling in a place. 

Mesident freeholder, one who resides on an estate of in- 
heritance, or for life. 

Mesolution, that which is determined or decided. 

Mesort, to go to, or repair to; a place of assembling. 

Mesource, an expedient, a resort. 

Mespjond, to answer, to accord or comply with. 

Mestrictions, confinement, limitations. 

Mevenues, income of a State, duties, taxes. 

Mob, to take property from the person of another forcibly, 
feloniously, or by putting in fear. 

Secular, pertaining to worldly matters. 



APPENDIX. 187 

Second j a supporter, next to the first. 

Sepulture-, interment, burial. 

Seize, to take forcible possession of. 

Seized, taken forcible possession of; to be possessed of. 

Shute, a passage for fish through a dam or lock. 

Signature, mark, sign, written name. 

Simultaneous, existing or happening at the same time. 

Site, situation, local position. 

Slander, false report, to back-bite, to scandalize. 

Specific, definite, particular quality, or sort. 

Spawn, the eggs of fish. 

Stipulation, agreement. 

Subdivided, divided again. 

Subject, one owing allegiance to a sovereign or govern- 
ment; to make liable to. 

Subordinate, inferior in order. 

Supremacy, higher authority or power. 

Supervisory, to oversee, as an overseer, a superintendent. 

Suppression, the act of subduing, or crushing. 

Survey, to view, measure, examine. 

Surrender, to yield, to give one's self up. 

Surplus, excess, remainder. 

Swivel-gun, a small cannon, carrying a shot of half a 
pound, made to turn in a swivel or socket, in any direction. 

Tare, deficiency in the weight or quantity of goods by 
reason of the weight of the cask, box, or other thing contain- 
ing the commodity and which is weighed with it. 

Tax,, toll, tribute, impost, custom or contribution for the 
service of the State. 

Tenement, any species of permanent property that may 
be held so as to create a tenancy, as lands, houses, rents, etc. 

Temporary, transient, for a short time. 

Testamentary , pertaining to a will. 

Territorial, pertaining to territory. 

Token, mark, sign. 

Transmit, to send from one person or place to another. 

Treason [See page 147]. 

Trespass, unlawful entry upon the lands of another; to 
intrude upon the rights of another. 



188 APPENDIX. 

Tribunal, court of justice. 

Tribe, a certain generation of people. 

Usurpation, illegal possession. 

Uttering or publishing, to hold out or pretend that the 
thing offered is good and genuine, when it is not. 

Vagrant, an idle wanderer, a vagabond. 
Vested, belonging to, having by right. 
Veto, from the Latin, meaning " I forbid." 
Violate, to infringe, injure, or break. 
Void, having no legal or binding force. 
Volunteers, those who join the military or naval forces 
voluntarily, of their own free w T ilL 

Ward, a minor, or person under the care of a guardian ; 
subdivision of a city. 

Warrant, an instrument authorizing an officer to seize an 
offender and bring him to justice ; that which warrants or 
authorizes ; to insure ; guaranty, security. 

Weir dam, a dam constructed to stop and raise the water 
for conducting it to a mill, for taking fish and the like. 

Will, testament, the disposition of a man's estate. 

Willful, obstinate, perverse, not yielding to reason. 






INDEX. 



[The reference figures are to the pages.] 



Acttons in Justices 1 Courts, . . 80 

Acquittal, effect of, . . 147 

Adjutant-General, duties of, . 78 

Administrator, appointment and 

duties of, . . .89 

Adulterating food, liquors or medi- 
cines, .... 
Affirmation of witnesses, . 
Agreements void if made on the Sab- 
bath, ..... 
Agricultural College, 
Allouez, French missionary, 
Animals, trespassing, 110; running 
at large, 131: malicious injuries 
to, . . . 153, 16G, 167 
Arrests, duties of officers and oth- 
ers in making, 
Assemblies, unlawful, 
Articles of Confederation, . 
Assessment and collection of taxes, 

100 ; roll, how made out, . 
Asylums for insane, and for deaf, 

dumb and blind, 
Attachment, proceedings by, 
Attorney-General of the State, 
duties of, 59; of United States, 
Auditors, board of, for Wayne Co., 
Auditor-General, duties of, 
Banking, history of, in Michigan, 
Beef, inspection of, 
Benevolent Institutions, . 
Birds, law to protect, 
Blasphemy, punishment for, 
Boards [See State Boards— Super- 
visors — District Schools; Town- 
ship Boards, Health, board of]. 
Books, school boards to prescribe, 92,93 

[See Obscene Prints.] 
Brebgeuf, Jesuit missionary, . 9 

Bribery, punishment for, . . 159 

Brock, General, . . .14 

Burial places, penalty for desecrat 



160 
162 
170 

101 

96 

81 

173 
66 

58 
18 
72 
96 
138 
163 



Buckwheat meal, how packed and 
branded, .... 

Burning buildings and other prop- 
erty, ..... 



163 



108 



151 



Cabinet of President ,, . . 173 

Cadillac, Antoine de la, founder of 

Detroit, . . . .11 

Canada thistles, destruction of, . 142 
Cass, General Lewis,. . 15, 16 

Catholepestemiad, establishment 

of, . ..-';. . .15 

Chancery, Circuit Court in, . 89 

Chastity [See Chap. 249, Compiled 

Laws of Michigan]. 
Children, enticing away of; aban- 
donment of, . . . 150 
Cities and villages, . . 75, 76 
Circuit Courts, jurisdiction of, . 89 
Circuit Court Commissioners, du- 
ties of, . . . .71 
Clark, county, 68; township, . 73 
Colonial Governments, . . 169 
Commissioners of Highways, . 74 
Commander-in-Chief, when may 

call out militia, . . .77 

Commissioners, ... 60, 64 

[See State Boards.] 
Commissioner of State Land Of- 
fice, . . . . .58 
Commutation of punishment, . 57 
Complaint to procure warrant in 

criminal case, . . .86 

Compounding or Concealing Of- 
fenses, .... 161 
Congress, powers of, , . . 174 

Constitutions, the purpose they 
serve, 39; of the United States, 
adoption of, 171 ; State and Fede- 
ral differ as to powers, . . 174 

Counties, date of organization, and 

origin of names of, . . 25 

County Officers, . . 65 to 69 

County-Seat, . . . 6ft 

Cranberry Marshes, trespass 

upon, .... 142 

Criminal Jurisdiction of Justices, 85 

Crimes and Misdemeanors, . 147 

Dablon, French explorer and mis- 
sionary, . . . .10 

Damages, when none allowed for 

injuries by trespassing animals, 110 



190 



INDEX. 



Daniel, Jesuit missionary, . . 9 

Dead Bodies, penalty for disinterring, 163 
Dead Animals, carcasses how to be 

disposed of, ... 164 

Deeds, recording of, . . . 69 

Democracy defined, . . .38 

Descent, title to real estate by, . 103 
Detroit, early settlement of, 11 ; 
siege of, 12; surrender of to the 
British, 14; surrender of to 
Americans, 14; House of Cor- 
rection, . . . .99 
Diagrams, explaining survey of 

townships and sections, 33 to 35 

District Courts of the United 

States, .... 175 

District Schools and District 

Boards, . . . .92 

Disorderly Persons, who deemed, 123 
may be required to give security 
for good behavior, . . 124 

Divorce, laws concerning, . . 120 

Dogs, licenses for, . . . 133 

Domestic Relations [See Husband 

and Wife]. 
Dower of widow in husband's lands, 122 
Dueling, punishment for, . . 148 

Elections, how conducted, 46; of 
State, county and township offi- 
cers, 41 ; of township officers, . 73 
Election Laws, offenses against, . 166 
Electors, qualifications of, 42; of 

President and Vice-President, . 50 
England, surrender of territory to, 

by France, . . . * . 12 

Escape of Prisoners, liability of 

officers for, . . . 160 

Executive Department of the 

State, 56 ; of the United States, 172 
Execution, Justices', . . 84 

Exemption, from taxation; what 

property is exempt, . . 100 

Extortion, by officers, . . 161 

False Representations and Pre- 
tenses, .... 153 

Falsely, assuming to be a public 

officer, . . .161 

Federal Government, organization 

of, .... 170 

Fences and Fence-Viewers, . 110 

Fire, willfully setting to woods or 

prairies, .... 167 

Firearms, careless use of, . . 150 

Fish, laws to protect, . . . 135 



Flour, wheat, weight of, how pack- 
ed and branded, 107, 108; rye, 
how packed and branded, 107, 108 

Forgery, defined, 156; penalty for, 157 

Forts and Trading Posts, 

French Possessions, 

Frenchtown, battle of 

Game, protection of, . 

Gaming, law concerning, 

Goods, lost, 129; unclaimed, 

Governors of Michigan, 
[See State Officers.] 

Governor, who eligible to office of; 
duties of, . 

Government, division of powers of, 
40; organization of, 36; defined, 
37 ; forms of, 

Griffin, first vessel on northwest- 
ern lakes, .... 

Guardians, appointment of, . 

Gunpowder, law concerning, 

Hack-Drivers, laws relating to, 

Harrison, General, 

Health, Boards of; powers and 

duties, . . . 109, 110 

Hennepin, Louis, missionary, . 10 

Highways, driving of teams upon, 127 

Highway Commissioners, 

Hospitals, establishment of, 

House-Breaking, 

Houses of Correction, 

Hull, General, . 

Husband and Wife, 121 ; husband's 
liability for wife's support, 
[See Married Women.] 

Impeachment [see Leg. Dept. U. S] 

Imprisonment, unlawful, 

[See Crimes and Misdemeanors. 

Indians, attack on forts by, 12: con 
duct during the Revolutionary 
War, . 

Infantry, organization of compa- 
nies, .... 

Injuries to Property, 

Inspector-General, . 

Inspectors of Provisions, 71 
Schools, duties of, . 

Internal Improvements, 

Interest, law regulating, 

Intoxicating Liquors, manufac- 
ture and sale of, prohibited, 143; 
payments for may be recovered, 144 

Intoxication, punishment for, 145 



. 12 

. 11 

, . 14 

. 138 

. 125 

. 132 
23,24 

56 



10 

89 

133 

127 

14 



74 

109 

152 

99 

13 

121 



149 



13 



78 



; of 

75 

18 to 21 

. Ill 



IXDEX. 



191 



Intoxicated Person, injuries by. . 145 
Jackson, House of Correction, . 90 
Jails, establishment of, . . 9 r 

Jesuits, French, . . .9 

Johnson, Colonel, . . .14 

Joliet, explorer and missionary, . 10 
Judic'al Tribunals, necessity for, 79 
Judicial Power of State, how vest- 
ed, 80; of the United States, 174, 175 
Judgments of Justices, 83; how col- 
lected, 84; removal of to Circuit 
Court, . . . .85 

Judge of Probate, . . .67 

[See Probate Courts.] 
Jury, in Justices 1 Court, . 83, 86 

Justices 1 Courts, 80; criminal juris- 
diction, . . . .85 
Justices of the Peace, election of, 73 
Justices of the Supreme Court, . 90 
Kidnapping, penalty for, . . 149 

Larceny of goods, 86 ; from dwell- 
ing or person, 152; in other 
States, 154; from person or cars 
while detained by accident, . 155 
La Salle, Robert de, explorer, 10, 11 
Law, denned, necessity for, . . 37 

Laws, enactment of, . . . 53 

Legislative Department of the 

State, 51; of the United States, 173 

Lieutenant-Governor, election of, 
55; presiding officer of the Sen- 
ate, 52 

Limited Monarchy, defined, . 38 

Liquors [see Intoxicating Liquors] . 
Lost Goods and Stray Beasts, . 129 
Lotteries, penalty for setting up or 

promoting. . . . 165 

Maiming or Disfiguring, . . 148 

Malicious Injuries to property, 86, 153 
Manslaughter, defined, punish- 
ment for, .... 148 
Marquette, Father, explorer and 

missionary, . . . .10 

Marriage, law in relation to, 118, 

119; under duress or by force, . 149 
Married Women, rights oi, . . 122 

Mason, Stevens T., . .16 

Measures and Weights, . . 107 

Mechanics 1 Lien, . . .114 

Mesnard, Rene, explorer, . . 10 

Meal, buckwheat, how packed and 
branded, . . . .108 



Michigan, origin of name, explora- 
tion and history of, 9 to 11 ; as a 
Territory, 13, 14: government of, 
prior to 1823, 15; organization 
of as a State, 18; area, popula- 
tion, products, and resources, 22; 
its part in the war of the Re- 
bellion, . . . .24 
Military Officers, . . .78 
Military and Trading Posts, . 11 
Militia, how enrolled, and when 

may be called out, . . 77, 78 

Missionaries, Catholic, . . 9 

Monarchy, defined, . . .38 

Money and Interest, . . Ill 

Mortgaged Property, removal of, 

to defraud, .... 154 
Musk-Rats, laws concerning, . 141 

Murder, defined, punishment for, . 147 
Naturalization of Foreigners, . 42 
Normal School, . . .94 

Notaries Public, duties of, . . 71 

Oath, of witnesses, form of, . . 82 

Obscene Prints, . . . 162 

Ordinance of 1787, . . .17 

Overseers of Highways, . . 75 

Pardons, granted by Governor, . 57 
Peace, officers to preserve, . . 160 

Penal and Reformatory Institu- 
tions, . . . .98 
Perjury, defined, punishment for, 

158, 159 
Poison, mingling with food or 

drink, 150 ; druggists to label, . 164 
Pontiac, Indian chief and warrior, . 12 
Pontiac War, .... 12 
Poor Persons, support of, . .112 

Pork, inspection of, . . 72 

Postmaster-General, . 173 

Pound-Masters, duties of, 
Porter, George B., 
President and Yice-Puesident of 
the United States, how elected, 
50; appointments by President, 172 
Prisons, in cities and villages, . 99 
Prize-Fighting, punishment for, . 164 
Probate Courts, jurisdiction of, . 88 
Profanity, punishment for, . . 163 

Prosecuting Attorney, duties of, 67 
Provisions, unwholesome, penalty 

for selling, .... 164 
Quartermaster-General, . . 78 






192 



IXDEX. 



Railroads, 22; offenses upon and in 
relation to railroads and cars, . 
[See Internal Improvements.] 

Rebellion, Michigan in the war of, 

Receiving Stolen Property, 

Reform School, 

Register or Deeds, duties of, 

Religious Meetings, disturbance of, 

Replevin, action in, . 

Reprieves, 

Republic, defined, 

Rights and Duties, . 

Road, driving of teams upon, 

Robbery, penaltj r for, 

Sabbath, observance of, 

Sagard, Father, missionary, 

Schools, district officers of, 92; law 
compelling the attendance oi 
children, 

[See State Public School; Re 
form School; formal School 
State University; Agricultural 
College.] 

School Inspectors, duties of, 

Secretary of State, duties of, 57 
of United States; of Treasury 
of War. 172 ; of the Navy ; of the 
Interior, . . . 

Sections, of land, how surveyed 

Shade Trees, ioj -ies t\>, 

Sheep, diseased, penalty for import 
ing, .... 

Sheriff, duties of, 

Sovereignty, defined, 

State, defined, . 

State Boards, . 

State Officers, duties of, . 

State Prison, . 

State Public School, 

State Superintendent of Public 
Instruction, 

State Treasurer, 

Stray Beasts, . 

Summons, Justices', 

Superintendent of Schools, coun 
ty, duties of, 

Superintendent of Public In- 
struction, . 

Superintendents of the County 
Poor, 

Supreme Court, of the State, juris 
diction of, 90; of the United 
States, . 



155 

24 
152 

98 

69 

163 

82 

57 

39 

37 

127 

148 

124 

9 

93 



173 
32 

154 

134 
160 
36 
36 
60 
56 
98 
96 

58 

58 

129 

81 

69 

58 



175 



Supervisors, election and duties of, 

65, 66, 73 
Survey of Public Lands, . . 32 

Surveyors, county, duties of, . 69 

Tax, defined; assessment and col- 
lection of; basis for; property ex- 
empt from. 100; when a lien up- 
on land, apportionment of, . 102 
Tecumseh, Indian warrior, . . 14 
Telegraphic messages, penalty for 

divulging contents of, . . 165 

Thames, battle of, . . 14 

Theatrical Exhibitions and 

Shows, .... 133 

Threats, malicious, 148; to intimi- 
date laborers, . . . 162 
Timber Marks, destruction of; tim- 
ber floating, 128; destroying or re- 
moving timber from the lands of 
another, . . . .154 
Townships, subdivisions of, 32; 
government of. meetings, 72 ; om-. 
cers, election and duties of, . 73 
Township Boards, . . .73 
Trading Posts, . . .11 
Treason, defined, punishment for, 147 
Toledo War, . . . .17 
Treasurer, State, 58; county, -67; 

township, . . . .73 

Treaties, of 1783, 13; 1795, 16; 1819, 

15; 1821, . . . .16 

Trials, in Justices' 1 Court, . . 82 

Unclaimed Property, . . 132 

University of Michigan. . 15, 94 

Uttering or publishing forged in- 
struments, 7 157 

Vessels, willful destruction of; 
fitting out with malicious in- 
tent, 153 

Vice-President of the United 

States, . . . .173 

[See President and Vice-Presi- 
dent.] 
Village, what constitutes; incor- 
poration of, . . .76 
War, of 1812, 13. 14 ; of the Rebellion, 24 
Warrant, Justices 1 (civil), when 

issued, 81; criminal, . . 86 

Weights and Measures, . . 107 

Wills, how executed and proved, . 88 
Winchester, General, . .14 

Witnesses, in Justices' Court; oath 

or affirmation of, . . .82 

Woods, setting fire to, . . 167 



